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CP 2008-03-25 NOTICE OF CITY COUNCIL MEETING AND AGENDA MARCH 25, 2008 DOUG STOVER, BRIANNA HINOJOSA-FLORES, Place 3 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5 JAYNE PETERS, Place 2 MARVIN FRANKLIN, Place 6 MARSHA TUNNELL, Place 4 BILL YORK, Place 7 JIM WITT, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:00 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, March 25, 2008, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION 1. Call to order. ag032508 Page 1 of 5 ITEM # ITEM DESCRIPTION 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. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Purchase of real property east of Denton Tap/north of Beltline and west of Denton Tap/south of Bethel Road. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road. 2. Discussion regarding Economic Development Negotiations. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discuss Council Retreat. B. Discuss Board/Commission Interview Schedule. C. Discussion of Agenda Items. Adjourn Work Session. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. ag032508 Page 2 of 5 ITEM # ITEM DESCRIPTION 6. Pledge of Allegiance. 7. Consider approval of a proclamation naming the month of April 2008 as Cancer Awareness Month, and authorizing the Mayor to sign. 8. Consider approval of a proclamation naming April 5, 2008 as Arbor Day and authorizing the Mayor to sign. 9. Report by Keep Coppell Beautiful Board. 10. Citizens' Appearances. CONSENT AGENDA 11. Consider approval of the following consent agenda items: A. Consider approval of minutes: March 11, 2008. B. Consider approval of the annual review of the written Debt Policy of the City of Coppell. END OF CONSENT 12. Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2007-1181, the budget for Fiscal Year October 1, 2007 through September 30, 2008, and authorizing the Mayor to sign. 13. Consider approval of an ordinance of the City of Coppell, Texas, amending the Code of Ordinances, Chapter 9, by adding Article 9-10 to provide for the prepayment for gasoline and diesel fuel at retail fuel businesses; and authorizing the Mayor to sign. 14. Consider approval of awarding Design/Build services as outlined in Buy Board Job Contracting Proposal #258-07 to Jamail & Smith Construction Company, for the design and construction of the Wagon Wheel Storage Facility to be located at 345 Freeport Parkway, in the amount of $295,423.00, and authorizing the City Manager and CRDC President to execute a contract after approval as to form by the city attorney. 15. Mayor and Council Reports. A. Report by Mayor Stover regarding Clean Coppell Earthfest on April 5 from 9:00 a.m. to 1:00 p.m. at Town Center. ag032508 Page 3 of 5 ITEM # ITEM DESCRIPTION 16. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B. Coppell ISD – Councilmembers Peters and Faught. C. Coppell Seniors – Councilmembers Brancheau and Faught. D. Dallas Regional Mobility Coalition – Councilmember Peters. E. Economic Development Committee – Mayor Pro Tem Hinojosa- Flores and Councilmember Franklin. F. International Council for Local Environmental Initiatives (ICLEI) – Councilmember Brancheau G. Metrocrest Hospital Authority – Councilmember Tunnell. H. Metrocrest Medical Foundation – Councilmember Tunnell. I. Metrocrest Medical Services – Mayor Pro Tem Hinojosa-Flores. J. Metrocrest Social Service Center – Councilmember Tunnell. K. North Texas Council of Governments – Councilmember Brancheau. L. NTCOG/Regional Emergency Management – Councilmember Franklin. M. North Texas Commission – Councilmember York. N. Senior Adult Services – Councilmember Faught. 17. Necessary action resulting from Work Session. 18. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 21st day of March, 2008, at __________________. ____________________________________ Libby Ball, City Secretary ag032508 Page 4 of 5 DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). ag032508 Page 5 of 5 KEY TO COUNCIL GOALS ICONS 2007 — 2012 Maintain Sustainable, Financially Sound City Government with Excellent Services • Maintain quality customer service resulting in 90+% customer satisfaction ratings • Ensure adequate resources to support defined services and service levels • Retain reserves consistent with city policy • Invest in the city’s future: operations & capital • Ensure residents are aware of city vision, goals, services and programs Develop & Revitalize Commercial Areas & Corridors • Continue development: corporate offices and major distribution businesses • Revitalize aged or deteriorating strip centers • Maintain and expand business tax base • Develop a quality hotel serving residents and guests • Retain and support expansion of current businesses located in Coppell Maintain & Upgrade City Infrastructure • Maintain and improve quality of roads, alleys, and sidewalks • Improve quality of storm water management systems • Improve and maintain quality of city facilities • Facilitate efficient traffic flow within and through the city • Improve municipal utilities where necessary and maintain existing Develop an Alive Old Coppell – A Community Destination • Develop a community destination: residents think of Old Coppell as a place to go • Attract small, niche retail businesses • Attract more restaurants • Maintain and expand the Farmers’ Market • Attract non-residents to come and return for dining, shopping and entertainment Maintain Attractive, Livable Neighborhoods with Quality Homes • Protect the integrity and identity of current neighborhoods • Enhance the attractiveness of neighborhood infrastructure (trees, streetscapes) • Maintain and increase property values in older homes • Have infill developments that add value to the neighborhood • Have a high percentage of owner-occupied single-family homes Create a City for a Lifetime • Provide leisure and recreational opportunities for all family generations • Maintain a reputation as a safe community for all • Have all generations and diverse populations feel welcome • Maintain top quality schools in partnership with ISD’s • Rejuvenate community events with a high level of participation AGENDA REQUEST FORM DATE: March 25, 2008 ITEM #: ES-2 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. B. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Purchase of real property east of Denton Tap/north of Beltline and west of Denton Tap/south of Bethel Road. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road. 2. Discussion regarding Economic Development Negotiations. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: March 25, 2008 ITEM #: WS-3 WORK SESSION A. Discuss Council Retreat B. Discuss Board/Commission Interview Schedule. C. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 Document Name: %wksessn WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ City Manager March 25, 2008 7 ✔ PROCLAMATION Consider approval of a proclamation naming the month of April 2008 as CANCER AWARENESS MONTH, and authorizing the Mayor to sign. Staff recommends approval. !Relay PROCLAMATION WHEREAS, Relay for Life is a celebration of life honoring patients who have triumphed over cancer. There are millions of living witnesses that cancer can be cured, despite the fact that this dread disease is an alarming national killer; and WHEREAS, Relay for Life is the major fund-raiser for the American Cancer Society nationwide, purchasing durable medical equipment and supplies, as well as funding research for a cure for cancer; and WHEREAS, Thanks to the increasing knowledge in the biological and medical sciences, we are nearing a solution to the problem of cancer, but we must not lessen our efforts until the battle has been won completely; and WHEREAS, The American Cancer Society has worked unceasingly to inform and educate the public concerning this disease, and has contributed greatly to the continuous battle against one of society’s prime destroyers. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do hereby recognize the importance to this community of the work done by the American Cancer Society Relay for Life, and proclaim the month of April 2008 as “CANCER AWARENESS MONTH” in the city of Coppell. I also call upon members of the community to join with me in the continuing crusade against cancer by participating in the American Cancer Society Relay for Life event at Wagon Wheel Park on April 26. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of March 2008. ____________________________________ Douglas N. Stover, Mayor ATTEST: _________________________ Libby Ball, City Secretary WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ Parks and Recreation March 25, 2008 8 ✔ PROCLAMATION Consider approval of a proclamation naming April 5, 2008 as ARBOR DAY and authorizing the Mayor to sign. Arbor Day Celebration will be held in conjunction with Clean Coppell Earthfest on April 5, 2008. We will present the Arbor Day Poster Contest winners and Tree City USA certification on themain stage at 11:30am. ^Arbor Day Procl.-1AR PROCLAMATION WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more that a million trees in Nebraska; and WHEREAS, 2008 is the 136th anniversary of the holiday and Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious top soil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby proclaim April 5, 2008 as "ARBOR DAY" in the City of Coppell, and I urge all citizens to celebrate Arbor Day at the Clean Coppell Earthfest and to support efforts to protect our trees and woodlands, and further I urge all citizens to plant trees to gladden the heart and promote the well being of the future generations. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this ______day of March 2008. ________________________ Douglas N. Stover, Mayor ATTEST: ____________________________ Libby Ball, City Secretary WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary March 25, 2008 9 ✔ REPORT Report by the Keep Coppell Beautiful Board. The semi-annual report will be made by a member of the Keep Coppell Beautiful Board. No action necessary on this item. %boardreport AGENDA REQUEST FORM DATE: March 25, 2008 ITEM #: 10 CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %citapp.doc WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary March 25, 2008 11/A ✔ PROCEDURAL Consider approval of minutes: March 11, 2008. Minutes of the City Council meeting held on March 11, 2008. Staff recommends approval. %minutes cm031108 Page 1 of 15 MINUTES OF MARCH 11, 2008 The City Council of the City of Coppell met in Regular Called Session on Tuesday, March 11, 2008 at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Mayor Pro Tem Brianna Hinojosa-Flores Tim Brancheau, Councilmember Jayne Peters, Councilmember Billy Faught, Councilmember Bill York, Councilmember Councilmembers Marvin Franklin and Marsha Tunnell were absent from the meeting. Also present were City Manager Jim Witt, City Secretary Libby Ball 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. 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. Mira Mar vs. City of Coppell B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. cm031108 Page 2 of 15 1. Purchase of real property east of Denton Tap and north of Beltline. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road. Mayor Stover convened into Executive Session at 6:14 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 7:03 p.m. and opened the Regular Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Budget Calendar. B. Discussion of Agenda Items. Due to time constraints, Work Session was not held. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Pastor Rod Collver of Living Hope Church led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Citizens' Appearances. There was no one signed up to speak under this item. cm031108 Page 3 of 15 CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: February 26, 2008. B. Consider approval of amending the minutes of the February 12, 2008 Council Meeting to correct the Ordinance number for Consent Agenda Item F from 91500-A-491 to Ordinance No. 2008-1191. C. Consider approval of awarding RFP #0092, and enter into an agreement with DFW Multimedia, Inc., DFW Video, in the amount of $65,500, as budgeted, for video production services, and authorizing the City Manager to sign. D. Consider approval of an Interlocal Agreement between the City of Coppell and the North Central Texas Council of Governments for the cooperative purchasing for TMRS actuarial shared services, and authorizing the City Manager and the Mayor to sign all appropriate documents. E. Consider approval of a nine-month extension to the expiration date (December 12, 2008) of the Alexander Court, Lots 1-29, Block A, Preliminary Plat, to allow the subdivision of 29 single-family lots and two common area lots on 18.5 acres of property located at the northwest corner of Bethel and Denton Tap Roads. F. Consider approval of an Ordinance for Case No. PD- 221R4-HC, Duke Lesley Addition, zoning change from PD-221-HC (Planned Development-221- Highway Commercial) to PD-221R4-HC (Planned Development-221 Revision 4- Highway Commercial) to allow two oversized Monument Signs to be located in the medians of Dividend Drive and Point West Boulevard (one at each location) and authorizing the Mayor to sign. cm031108 Page 4 of 15 G. Consider approval of a Right of Way Use Agreement between the City of Coppell and Duke Realty, LP for the installation of monument signs in the right-of- way of Dividend Drive and Point West Boulevard; and authorizing the City Manager to sign. H. Consider approval of an Ordinance for Case No. PD- 227R-SF-12, Bellacere Addition, zoning change from PD-227-SF-12 (Planned Development-227- Single Family-12) to PD-227R-SF-12 (Planned Development-227 Revised-Single Family-12), to allow: realignment of the mutual access/fire lane easement; reconfiguration of the common area lot; relocation of the garage access on Lot 4; and construction of four single-family homes on 1.961 acres of property, located along the north side of Sandy Lake Road, approximately 150 feet east of Summer Place Drive and authorizing the Mayor to sign. Action: Councilmember Peters moved to approve Consent Agenda Items A, B, C, D, E, F carrying Ordinance No. 91500-A-491 and G and H carrying Ordinance No. 91500-A-492. Councilmember Faught seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 9. PUBLIC HEARING: Consider approval of the Arbor Manors, Replat, a replat to revise the previously approved subdivision to eliminate a 4,800-square-foot common area lot and to incorporate this area into an enlarged and reconfigured five lots, allowing the development of 73 single-family homes and 10 common area open spaces on approximately 25.15 acres of property located south of Sandy Lake Road and west of Denton Tap Road. cm031108 Page 5 of 15 Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Matthew Alexander, representing the applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember York moved to close the Public Hearing and approve the Arbor Manors, Replat, a replat to revise the previously approved subdivision to eliminate a 4,800-square-foot common area lot and to incorporate this area into an enlarged and reconfigured five lots, allowing the development of 73 single-family homes and 10 common area open spaces on approximately 25.15 acres of property located south of Sandy Lake Road and west of Denton Tap Road., subject to the following conditions: 1) Delineate a 58-foot front yard setback on lots 1-5, Block E; and 2) Add a 15-foot setback on Lot 24, Block A. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 10. PUBLIC HEARING: Consider approval of Case No. S-1245-TC, DeVine Cellars, a zoning change request from TC (Town Center) to S- 1245-TC (Special Use Permit-1245-Town Center), to allow the operation of a 2,272-square-foot retail/convenience store and restaurant, located in the Town Center Addition, along the east side of Denton Tap Road north of Town Center Blvd. cm031108 Page 6 of 15 Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Jean Dahl, applicant, addressed 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 Hinojosa-Flores moved to close the Public Hearing and approve Case No. S-1245-TC, DeVine Cellars, a zoning change request from TC (Town Center) to S-1245-TC (Special Use Permit- 1245-Town Center), to allow the operation of a 2,272-square-foot retail/convenience store and restaurant, located in the Town Center Addition, along the east side of Denton Tap Road north of Town Center Blvd., subject to the following conditions: 1) The development shall be in accordance with the Site Plan, Floor Plan and Sign Elevations; and 2) Hours of operation shall be limited to 10 a.m. to 10 p.m. Monday through Thursday, until 12 a.m. on Friday and Saturday, and between noon and 6 p.m. on Sunday. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 11. PUBLIC HEARING: Consider approval of Case No. PD-223R-C, Chase Bank (Kimbel Addition), a zoning change request from PD-223- C (Planned Development-223-Commercial) to PD-223R-C (Planned Development-223 Revised-Commercial) to attach a revised Detail Site Plan to allow the development of a 3,889-square-foot bank with three drive-thru lanes on 0.70 acres of property, located at the southeast corner of MacArthur Boulevard and Village Parkway. cm031108 Page 7 of 15 Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Alen Hinkley, applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Peters moved to close the Public Hearing and approve Case No. PD-223R-C, Chase Bank (Kimbel Addition), a zoning change request from PD-223-C (Planned Development-223- Commercial) to PD-223R-C (Planned Development-223 Revised- Commercial) to attach a revised Detail Site Plan to allow the development of a 3,889-square-foot bank with three drive-thru lanes on 0.70 acres of property, located at the southeast corner of MacArthur Boulevard and Village Parkway with awnings, subject to the following conditions: 1) Indicate the locations for the proposed Purple Wintercreeper on the plan; and 2) Engineering Comments: a) If lime stabilization is not going to be used for the paving, a waiver request must be submitted by the engineer along with the geotechnical report and the thickness of concrete increased by 1"; b) The retaining wall is in conflict with the sanitary sewer on the east side of the project. The engineered retaining wall design will need to be submitted to Engineering Department during the plan review process; and c) It appears that a full set of construction plans was submitted with the DRC information. These plans should not be considered submission for engineering approval. Plans for review should not be submitted until approval from Planning and/or City Council is granted. Councilmember Faught seconded the motion; the motion failed 1-4 with Councilmember Peters voting in favor of the motion and Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Faught and York voting against of the motion. cm031108 Page 8 of 15 Councilmember Faught moved to close the Public Hearing and approve Case No. PD-223R-C, Chase Bank (Kimbel Addition), a zoning change request from PD-223-C (Planned Development-223- Commercial) to PD-223R-C (Planned Development-223 Revised- Commercial) to attach a revised Detail Site Plan to allow the development of a 3,889-square-foot bank with three drive-thru lanes on 0.70 acres of property, located at the southeast corner of MacArthur Boulevard and Village Parkway without awnings, subject to the following conditions: 1) Indicate the locations for the proposed Purple Wintercreeper on the plan; and 2) Engineering Comments: a) If lime stabilization is not going to be used for the paving, a waiver request must be submitted by the engineer along with the geotechnical report and the thickness of concrete increased by 1"; b) The retaining wall is in conflict with the sanitary sewer on the east side of the project. The engineered retaining wall design will need to be submitted to Engineering Department during the plan review process; and c) It appears that a full set of construction plans was submitted with the DRC information. These plans should not be considered submission for engineering approval. Plans for review should not be submitted until approval from Planning and/or City Council is granted. Councilmember York seconded the motion; the motion carried 4-1 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Faught and York voting in favor of the motion and Councilmember Peters voting against. At this time, Items 15 & 16 were considered. Please see Items 15 & 16 for the minutes. 12. PUBLIC HEARING: Consider approval of Case No. S-1238R-C, Kegs N Cellar, a zoning change request from S-1238-C (Special Use Permit- 1238-Commercial) to S-1238R-C (Special Use Permit-1238 Revised-Commercial) to allow an additional 23-square- foot attached sign on the west elevation in addition to the two existing attached signs for the 2,850-square-foot cm031108 Page 9 of 15 convenience/retail store located at 777 S. MacArthur Blvd., #413. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Gordon Pratt, applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Faught moved to close the Public Hearing and approve Case No. S-1238R-C, Kegs N Cellar, a zoning change request from S-1238-C (Special Use Permit-1238-Commercial) to S-1238R-C (Special Use Permit-1238 Revised-Commercial) to allow an additional 23-square-foot attached sign on the west elevation in addition to the two existing attached signs for the 2,850-square- foot convenience/retail store located at 777 S. MacArthur Blvd., #413. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 13. PUBLIC HEARING: Consider approval of two text amendments to the Coppell Zoning Ordinance; Sec. 12-29-3.3 adding “(P) Signs which advertise or refer to the sale or consumption of alcoholic beverages by words or symbols” to types of signs are specifically prohibited, and Sec. 12-29-4.3(A)i, requiring individually mounted letters in the industrial districts. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. cm031108 Page 10 of 15 Public Hearing: Mayor Stover opened the Public Hearing and asked for those persons who signed up to speak. A. Gordon Pratt, 630 Oakbend, spoke against the proposal. 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 8:43 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 8:52 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) Action: Councilmember Faught moved to close the Public Hearing and approve two text amendments to the Coppell Zoning Ordinance; Sec. 12-29-3.3 adding “(P) Signs which advertise or refer to the sale or consumption of alcoholic beverages by words or symbols” to types of signs are specifically prohibited, and Sec. 12-29-4.3(A)i, requiring individually mounted letters in the industrial districts. Councilmember York seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 14. PUBLIC HEARING: Consider approval of an application by Chesapeake Energy to allow drilling and production from a horizontal well on property located north of Bethel Road, west of the proposed extension of Creekview Drive, on the Fellowship Church Property. cm031108 Page 11 of 15 Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council. Craig Overcash, Martin Johnson and Laura Binkley, representing the applicant, addressed the Council. Larry Hulsey, consultant to the City, addressed questions from the Council. Public Hearing: Mayor Stover opened the Public Hearing and asked for those persons who signed up to speak. A. Jack Clark, 718 Beal Lane, spoke in favor of the landscape screening and complimented Chesapeake’s business practices. Action: Councilmember Brancheau moved to close the Public Hearing and approve an application by Chesapeake Energy to allow drilling and production from a horizontal well on property located north of Bethel Road, west of the proposed extension of Creekview Drive, on the Fellowship Church Property, subject to the following conditions: 1) Production Phase Site Plan being revised to include site plan (location) and elevations (heights, colors, etc.) of all equipment/facilities. 2) Construction Site Notice will be required to be submitted to the city, and be posted on the property prior to issuance of a tree removal permit or a grading permit for this property. 3) Revise pipeline route to not be within the R.O.W. for Bethel Road or Creekview Drive (90 degree crossings would be permitted). 4) Rectify the inconsistencies with location of the well pad site in the grading and erosion control plan and other drawings submitted. 5) Tree removal permit is required prior to the removal of any trees. A fee in the amount of $149,900 will be due to the City of Coppell Reforestation and Natural Areas fund at the time the tree removal permit is pulled. However, if the trees can be cm031108 Page 12 of 15 planted and preserved as originally envisioned, then the fees would be reduced to $82,750 and the city would be assured a visually appealing landscape buffer around this use. 6) Submit a bond in the amount of $10,000 to assure the installation, long term maintenance, and replacement of the required 33 Evergreen trees (Austrian Pines or Red Cedar trees, a minimum of eight feet in height when planted) as required along the perimeter of the well pad site. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 15. Consider approval of Bid Number Q-1207-02, and resulting contract, from Meridian Commercial, L.P., in the amount of $4,506,000.00, for construction of the Coppell Community/Senior Center, and authorizing the City Manager to sign. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to the Council. Jeff Bulla, architect, addressed the Council. Tom Garding, 927 Moonlight Cove, spoke on behalf of the Seniors and expressed their gratitude. Action: Councilmember Peters moved to approve Bid Number Q-1207-02, and resulting contract, from Meridian Commercial, L.P., in the amount of $4,506,000.00, for construction of the Coppell Community/Senior Center, and authorizing the City Manager to sign. Councilmember York seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 16. Consider approval of Change Order No. One to Meridian Commercial, L.P., to reduce the contract for cm031108 Page 13 of 15 construction of the Coppell Community/Senior Center by $391,801.00, bringing the total contract to $4,114,199.00. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to the Council. Action: Councilmember Faught moved to approve Change Order No. One to Meridian Commercial, L.P., to reduce the contract for construction of the Coppell Community/Senior Center by $391,801.00, bringing the total contract to $4,114,199.00. Mayor Pro Tem Hinojosa-Flores seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 17. Consider approval of a Change Order to close Bethel Road from Freeport Parkway east to the east property line of the Hard Eight Restaurant and Bethel Road from Freeport Parkway west approximately 1,800 feet for specific reconstruction activities; providing for liquidated damages and an early completion incentive; and authorizing the City Manager to sign. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. Action: Councilmember York moved to approve a Change Order to close Bethel Road from Freeport Parkway east to the east property line of the Hard Eight Restaurant and Bethel Road from Freeport Parkway west approximately 1,800 feet for specific reconstruction activities; providing for liquidated damages and an early completion incentive; and authorizing the City Manager to sign. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. cm031108 Page 14 of 15 18. Consider approval of a contract between the city of Coppell and Stewart Enterprises to build a funeral home at Rolling Oaks Cemetery, and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to the Council. Action: Councilmember Peters moved to approve a contract between the city of Coppell and Stewart Enterprises to build a funeral home at Rolling Oaks Cemetery, and authorizing the Mayor to sign. Mayor Pro Tem Hinojosa-Flores seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 19. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors Meeting. B. Report by Mayor Stover regarding Community Egg Hunt, Saturday, March 22, 11:00 a.m. at Wagon Wheel Park. C. Report by Mayor Stover regarding New Tech High registration. A. Mayor Stover reported on his attendance at the Metroplex Mayor’s Meeting. Speaker Dan Petty gave updates on NTC and air quality and transportation concerns. B. Mayor Stover announced the Community Egg Hunt Saturday, March 22 at Wagon Wheel Park. The event starts promptly at 11:00 a.m. C. Mayor Stover spoke of the New Tech High School. The district received 344 student applications by the deadline, and 40 additional applications following the deadline. Mayor Stover and Mayor Pro Tem Hinojosa-Flores drew 145 names from a lottery system. Mayor Stover commended everyone who worked on the project. cm031108 Page 15 of 15 20. Necessary action resulting from Work Session. There was no action necessary under this item. 21. Necessary action resulting from Executive Session. Councilmember York moved to approve Resolution No. 2008- 0311.1 providing for and consenting to the exercise of eminent domain as authorized by the city council of the city of Coppell, Texas; providing for the acquisition by eminent domain of property commonly referred to as 461 Bethel Road within the municipal boundaries of the city of Coppell, Dallas County, Texas; declaring a public necessity exists and finding a public use and purpose for the welfare and convenience of the citizens, requires the taking and acquiring of property for the expansion of roadway, that certain tract which will be burdened with the roadway expansion is situated in the James A. Simmons Survey, Abstract No. 1296, tract 16, located on the south line of Bethel Road, approximately 300 feet west of Coppell Road, and containing a total of 0.55 (+/-) acres of land; providing for an offer to purchase the utility easement for just compensation and if such offer is refused, authorizing counsel to institute necessary proceedings in condemnation to acquire the property for utility purposes; and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Finance March 25, 2008 11/B ✔ PROCEDURAL Consider approval of the annual review of the written Debt Policy of the City of Coppell. In reviewing the Debt Policy, it has been noted that even though the State and City do not have legal debt limits, the statement is missing from the current policy. Section IV has been added to the previous policy approved by Council in 2007. This is the only change being brought forward. Staff recommends approval. $DebtPolicy-1AR(Consent) City of Coppell, Texas Debt Management Policy I. Purpose The purpose of this policy is to establish parameters and provide guidance governing the issuance, management, continuous evaluation of and reporting on all debt obligations issued by the City of Coppell, and to provide for the preparation and implementation necessary to ensure compliance and conformity with this policy. Advantages of a debt policy are as follows: • Enhances the quality of decisions by imposing order and discipline • Promotes consistency and continuity in decision making • Identifies objectives for staff to implement • Demonstrates a commitment to long term financial planning objectives • Regarded positively by the rating agencies II. Policy Statement Under the governance and guidance of Federal and State laws and the City’s Charter, ordinances and resolutions, the City may periodically enter into debt obligations to finance the construction or acquisition of infrastructure and other assets; or to refinance existing debt for the purpose of meeting its governmental obligation to its residents. It is the City’s desire and direction to ensure that such debt obligations are issued and administered in such fashion as to obtain the best long term financial advantage to the City and its residents, while making every effort to maintain and improve the City’s bond ratings. The City shall not issue debt obligations or utilize debt proceeds to finance current operations of City Government. III. General Debt Governing Policies The City establishes the following policies concerning the issuance and management of debt: • The City will not issue debt obligations or use debt proceeds to finance current operations or normal maintenance. • Debt financing includes general obligation bonds, certificates of obligation, revenue bonds, lease/purchase agreements and other obligations permitted to be issued under Texas law. • The City shall review its outstanding debt annually for the purpose of determining if the financial marketplace will afford the City the opportunity to refund an issue and lessen its debt service costs. As a general rule, the present value savings of a particular refunding should exceed four percent (4%) of the refunded maturities, unless a restructuring or bond convent revision is necessary in order to facilitate the ability to provide services or issue additional debt in accordance with established debt policies. 1 • The city will utilize debt obligations only for acquisition, construction, reconstruction or renovation of capital improvement projects that cannot be funded from current revenue sources or in such cases where it is more equitable to the users of the project to finance the project over its useful life. • The City will measure the impact of debt service requirements of outstanding and proposed debt obligations on a single year, five, ten and twenty year periods. This analysis will consider debt service maturities and payment patterns as well as the City’s commitment to a pay as you go philosophy. • The City will seek the advice and services of the Financial Advisor in performing the bond issuance process. The City will also seek the advice of Bond Counsel as to the legality and tax exempt status of any obligations. • The City shall use a competitive bidding process in the sale of debt unless the nature of the issue warrants a negotiated sale. The City shall attempt to award the bonds based on a true interest cost (TIC) basis. However, the City may award bonds based on a net interest cost (NIC) basis as long as the Financial Advisor agrees that the NIC basis can satisfactorily determine the lowest and best bid. • Credit enhancements are mechanisms which guarantee principal and interest payments. They include bond insurance and a line or letter of credit. A credit enhancement, while costly, will usually bring a lower interest rate on debt and a higher rating from the rating agencies, thus lowering overall costs. During debt issuance planning, the Financial Advisor will advise the City whether or not a credit enhancement is cost effective. • The bond proceeds will be invested in accordance with the City’s investment policy. Interest earnings received on the investment of bond proceeds shall be used to assist in paying the costs associated with the capital project. • The City is committed to continuing disclosure of financial and pertinent credit information relevant to the City’s outstanding securities and will abide by the provisions of Securities and Exchange Commission (SEC) Rule 15c2-12 concerning primary and secondary market disclosure IV. Debt Limits • The State of Texas statutes do not prescribe a legal debt limit on the amount of outstanding revenue bonds. • The charter for the City of Coppell, Texas does not provide for a debt limit. V. Specific Debt Ratios and Measurement This section of the debt management policy establishes the target debt ratios and measurements for the City. As the City periodically addresses its ongoing needs, the City Manager and the City Council must ensure that future elected officials will have the flexibility to meet the capital need of the City. Since neither State law nor the City Charter provides any limits on the amount of debt which may be incurred, this policy establishes targets which should provide future flexibility. 2 Purposes of Issuance – the City will issue debt obligations for acquiring, constructing, reconstructing or renovating Capital Improvements or for refinancing existing debt obligations. Projects must be designated as public purpose projects by the City Council prior to funding. Maximum Maturity – All debt obligations shall have a maximum maturity of the earlier of: a) the estimated useful life of the Capital Improvements being financed; or b) twenty years; or c) in the event they are being issued to refinance outstanding debt obligations, the final maturity of the debt obligations being refinanced, unless a longer term is recommended by the Financial Advisor. Net Debt Per Capita - Is the amount of debt outstanding for each citizen of a jurisdiction. Net direct debt is the sum of all general obligation bonds and notes outstanding less the year end balance of the debt service fund. The City shall strive to maintain the current Net Debt Per Capita at or below $2,000.00. Net Debt to Assessed Value - Assessed valuation shows the fiscal capacity of the tax base. The City shall strive to maintain a ratio of Net Debt to Assessed Value of properties in the City at or below three percent (3%). Bond Covenants and Laws – The City shall comply with all covenants and requirements of the bond resolutions, the State and Federal laws authorizing and governing the issuance and administration of debt obligations. 3 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Finance March 25, 2008 12 ✔ ORDINANCE Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2007-1181, the budget for Fiscal Year October 1, 2007 through September 30, 2008, and authorizing the Mayor to sign. The amendment is being brought forward to reflect encumbrance carryovers and changes experienced through the first quarter of the fiscal year. The accompanying memo provides the detail of the amendment. Staff recommends approval. $BudAmend-1AR MEMORANDUM Date: March 25, 2008 To: Mayor and Council From: Jennifer Miller, Director of Finance Via: Jim Witt, City Manger Clay Phillips, Deputy City Manager Subject: Budget Amendment - Fiscal Year 2007-08 This budget amendment is being brought forward to reflect encumbrance carryovers, items that have occurred during the first part of the fiscal year and items that have been brought before Council. General Fund At this time the General Fund revenues are being increased $2,478,846. These increases are primarily from four revenue sources. Rollback taxes and the various other tax accounts are being increased $213,494. Sales tax and the related transfer from the CRDC are being increased $994,293. The City received a payment of $637,172 for an option allowing oil and gas exploration on City property. Sale of City property accounts for $860,579. With the recent drop in interest rates, interest income in being reduced by $250,000. General Fund expenditures are being increased $1,152,458. $570,335 is associated with Encumbrance Carryovers. $34,375 is associated with a contract for assistance in the implementation of State and Federally assisted projects. Approximately $5,000 is for the production of the sales tax video. The Street Department is being increased by $534,428 which included the Council approved projects of street lighting on Parkway Blvd., asphalt parking for the Farmer’s Market, and the Way finding sign project. Building Inspections is being amended to include funding for the I-Spy program. Water and Sewer Fund Expenses are being amended in Utility Operations for encumbrance carryovers. Utility Billing is addressing a safety issue regarding reading of meters in the vaults by implementing a radio read program for $20,000. Police Special Revenue Fund Revenues are being amended to reflect forfeitures that have been received. The expenditures are those associated with Municipal Court and Fire Department training, as well as encumbrance carryovers. Park Special Revenue Fund Expenditures are being amended for projects that have been approved by the Park Board and/or CRDC and staff has received direction by Council to proceed. These projects include shade structures, playground surface improvements, flagpoles, park signage and erosion control at Magnolia Park. Tree Preservation Fund Revenues are being increased for income actually received. Expenditures are for planting of trees. Debt Service Fund Revenues are being increased for actual collection of rollback taxes and the various other tax accounts. Infrastructure Maintenance Fund Expenditures are for encumbrance carryovers and for the cost ($15,000) of the roof asset report on City facilities. Municipal Drainage District Fund Expenditures are for encumbrance carryovers and for the cost ($48,000) of the LOMR in Old Town. Historic Preservation Revenues are being amended to reflect the receipt of a $100,000 donation, while the expenditures were for an asbestos survey on the Kirkland house. Donations – Special Revenue Revenues are being amended to reflect donations to the Library, Old Red and the Keep Coppell Beautiful program. The expenditures are being amended to reflect costs associated with the Library, the 50th Anniversary Album for the Fire Department, and Animal Control spay/neuter program. Red Light Camera Fund This is a newly created fund this fiscal year. Revenues are being amended to reflect anticipated collections and interest earnings. Expenditures are for the contract with Rediflex, the salaries associated with the Administrative Hearing Officer, overtime for the officers that review the photos and the estimated payment to the State. C.E.D.C. Special Revenue The revenues are being amended to reflect the additional 3 months of collections as well as the anticipated increase in sales tax receipts. Municipal Court Special Revenue The revenues are being amended for the transfer to the Judicial Efficiency fund. This is a new fund being created this fiscal year. The expenditures are being increased for security cameras and monitoring equipment upgrades. C.R.D.C. Special Revenue The revenues are being amended for anticipated increase in Sales Tax revenue. Expenditures are being amended for projects that have been approved by the Park Board and/or CRDC and staff has received direction by Council to proceed. These projects include trails, the lightning prediction system, a storage facility at Wagon Wheel park, an irrigation well and the increase in the transfer to General Fund that is associated with sales tax collection amounts. Municipal Court Technology Fund Expenditures are being increased for computer equipment related to the Municipal Court including document scanners, software and maintenance on the ticket writers. Municipal Court Judicial Fund This is a new fund this year. The revenues have previously been accounted for in the Municipal Court Special Revenue fund. 1 ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY FOR THE FISCAL YEAR OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2008; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Budget Officer of the City of Coppell, Texas, did on the 3rd day of August, 2007, file with the City Secretary, a proposed general budget for the City covering the fiscal year aforesaid, and WHEREAS, the City Council of the City of Coppell approved said budget on the 11th day of September, 2007, and WHEREAS, the governing body of the City has this date considered an amendment to said budget; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section No. 2 of Ordinance No. 2007-1181, for the 2007-08 Fiscal Year Budget, is hereby amended as follows: General Fund Current Budget Amending Budget Change Revenues $45,280,704 $47,759,550 $2,478,846 Expenditures Combined Services 1,137,178 1,136,435 (743) Mayor and Council 363,137 401,264 38,127 City Administration 720,751 726,534 5,783 Legal 1,361,000 1,361,160 160 Community Information 205,148 211,636 6,488 City Secretatry 292,965 304,959 11,994 Engineering 1,051,469 1,056,609 5,140 Facilities 989,154 1,024,571 35,417 Streets 1,793,204 2,353,779 560,575 Fleet 1,065,035 1,065,388 353 Traffic Control 1,289,822 1,293,849 4,027 Fire 8,762,823 8,802,542 39,719 Emergency Management 158,397 158,656 259 Building Inspections 594,504 594,578 74 Finance 902,479 911,159 8,680 Human Resources 1,203,535 1,205,188 1,653 Municipal Court 1,189,781 1,192,643 2,862 Library 1,731,068 1,738,612 7,544 Police 7,985,320 8,149,761 164,441 2 Information Systems 1,595,797 1,675,964 80,167 Park & Rec. Admin. 1,000,925 1,016,607 15,682 Parks 1,322,306 1,411,114 88,808 Recreation 1,742,810 1,796,530 53,720 Ballfield Maintenance 950,303 953,594 3,291 Tennis Center 188,105 209,605 12,500 Community Programs 342,573 348,311 5,738 Total Expenditures $1,152,458 Decrease in Designated Fund Balance (647,782) Net Expenditure Increase 504,676 Net Increase in Undesignated Fund Balance $1,974,170 Water/Sewer Fund Current Budget Amending Budget Change Expenses Utility Operations $1,615,210 $1,760,522 $145,312 Utility Billing 526,825 546,825 20,000 Net Decrease in Projected Retained Earnings $165,312 Police Spec. Rev. Fund Current Budget Amending Budget Change Revenues $17,300 $119,754 $102,454 Expenditures 66,200 88,035 21,835 Net Increase in Projected Fund Balance $80,619 Parks Special Revenue Current Budget Amending Budget Change Expenditures $0 $312,000 $312,000 Net Decrease in Projected Fund Balance $312,000 Tree Preservation Fund Current Budget Amending Budget Change Revenues $6,000 $40,147 $34,147 Expenditures 0 24,000 24,000 Net Increase in Projected Fund Balance $10,147 Debt Service Fund Current Budget Amending Budget Change Revenues $7,939,264 $8,025,661 $86,397 Net Increase in Projected Fund Balance $86,397 3 Infrastructure Maint. Fund Current Budget Amending Budget Change Expenditures $1,078,000 $1,348,205 $270,205 Net Decrease Projected Fund Balance $270,205 Municipal Drainage District Current Budget Amending Budget Change Expenditures $25,476 $84,206 $58,730 Net Decrease in Projected Fund Balance $58,730 Historic Preservation Current Budget Amending Budget Change Revenues $3,000 $103,000 $100,000 Expenditures 0 1,500 1,500 Net Increase in Projected Fund Balance $98,500 Donations-Special Revenue Current Budget Amending Budget Change Revenues $44,000 $61,121 $17,121 Expenditures 41,228 72,128 30,900 Net Decrease in Projected Fund Balance $13,779 Red Light Camera Current Budget Amending Budget Change Revenues $0 $401,500 $401,500 Expenditures 0 300,000 300,000 Net Increase in Projected Fund Balance $101,500 C.E.D.C. Special Revenue Current Budget Amending Budget Change Revenues $1,500,000 $4,000,000 $2,500,000 Net Increase in Projected Fund Balance $2,500,000 Municipal Court Spec. Rev. Current Budget Amending Budget Change Revenues $52,900 $34,368 ($18,532) Expenditures 0 56,000 56,000 Net Decrease in Projected Fund Balance $ 74,532 CRDC Special Revenue Current Budget Amending Budget Change Revenues $4,264,942 $4,925,000 $660,058 Expenditures 3,097,623 6,356,916 3,259,293 Net Decrease in Projected Fund Balance $2,599,235 4 Mun. Court Tech. Fund Budget Amending Budget Change Expenditures $0 $20,360 $20,360 Net Decrease in Projected Fund Balance $20,360 Mun. Court Judicial Fund Budget Amending Budget Change Revenues $0 $17,433 $17,433 Net Increase in Projected Fund Balance $17,433 SECTION 2. EFFECTIVE DATE. That this ordinance shall become effective immediately from and after its passage as the law and charter in such cases provide. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the _____ day of March 2008. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ____________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _____________________________________ CITY ATTORNEY WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Police March 25, 2008 13 ✔ ORDINANCE Consider approval of an ordinance of the City of Coppell, Texas, amending the Code of Ordinances, Chapter 9, by adding Article 9-10 to provide for the prepayment for gasoline and diesel fuel at retail fuel businesses; and authorizing the Mayor to sign. During the past two years over 100 reports of gasoline thefts were reported to the Police Department by retail fuel businesses. These cases, though mostly Class C Misdemeanors, still require a lengthy investigation by Detectives when they could be investigating other more serious crimes. In most cases the merchant does not want to be tied up in court proceedings they just want to be paid for the gasoline. At a minimum these cases require 1 - 2 hours of investigation and in reality the detective becomes a bill collector for the merchant. This ordinance would require the fuel merchant to obtain pre-payment before the customer can pump their gasoline thus virtually eliminating the theft of gasoline from retail fuel businesses in the city limits. Staff recommends approval. )Fuel Prepay Ordinance MEMORANDUM TO: Jim Witt, City Manager Clay Phillips, Deputy City Manager XC: File FROM: Roy L Osborne, Chief of Police DATE: March 19, 2008 REF: Gas Drive Off Ordinance / Information As a matter of information, I had CID Sergeant Mike Massingill do a brief survey of what our local establishments are currently doing about requiring prepayment for purchases of fuel. Below are the findings of that survey. “Already Requiring Prepayment”: 105 S. Denton Tap 635 and Royal 600 E. Sandy Lake “Just Turn the Pumps On”: 100 E. Sandy Lake 1301 E. Beltline “Case by Case” (if they attendant knows the person or believes the risk is acceptable they will turn the pumps on without prepayment): All of the rest. When told the City of Coppell will be considering an ordinance that will require prepayment, all were for it as long as everyone has to do it. 1 TM 24623.2.000 ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 9, BY ADDING ARTICLE 9-10 TO PROVIDE FOR THE PREPAYMENT FOR GASOLINE AND DIESEL FUEL AT RETAIL FUEL BUSINESSES; PROVIDING FOR DEFINITIONS; PROVIDING FOR OFFENSES; PROVIDING FOR DEFENSES; PROVIDING FOR EXCEPTIONS; PROVIDING A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH AND EVERY OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, has determined that for the health, welfare, and safety of its citizens, certain additions to the Code of Ordinances of the City of Coppell are necessary; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 9 of the Code of Ordinances of the City of Coppell be and the same is hereby amended by adding Article 9-10 to provide for the prepayment for gasoline and diesel fuel at retail fuel businesses, which shall read as follows: “ARTICLE 9-10. PREPAYMENT FOR GASOLINE AND DIESEL FUEL AT RETAIL FUEL BUSINESSES. Sec. 9-10-1. Definitions. In this article the following words, terms and phrases shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Employee means the person(s), other than the owner or manager/supervisor, employed to perform services on the premises of a retail fuel business and who have no supervisory responsibilities. Manager/Supervisor means the person(s) granted authority or responsibility by the owner for the operations of the retail fuel business. 2 TM 24623.2.000 Owner means the individual, group, corporation, partnership, joint venture or other group or entity that owns a retail fuel business. Payment means payment by any legal means, including cash, credit card, debit card, check or otherwise. Presenting a form of payment to be finalized at the conclusion of the transaction shall be considered payment in full. Sec. 9-10-2. Offenses. It shall be an offense for a retail fuel business owner, manager/supervisor, or employee to: 1. Activate any gasoline or diesel fuel pumping device prior to receiving payment in full for the gasoline or diesel fuel; or 2. Allow or permit any person to dispense gasoline or diesel fuel from a pumping device at a retail fuel business unless the person has first made payment in full. Sec. 9-10-3. Defense. It shall be a defense if the owner, manager/supervisor or employee of a retail fuel business allows the dispensing of gasoline or diesel fuel for repair and/or testing of the dispensing devices used by the retail fuel business. Sec. 9-10-4. Exception. It is an exception to the application of this article if a merchant enters into a civil agreement with customers, pursuant to which customers may activate a fuel pump prior to payment through the use of a card or similar device, issued by the merchant that activates the pump. Such an agreement shall include identifying information of the customer that may be used by the merchant for seeking compensation in the appropriate civil court should the customer fail to pay for fuel after activating the pump with such a card.” SECTION 2. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. 3 TM 24623.2.000 SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. That any person, firm or corporation who violates any provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in the Municipal Court, shall be subject to a fine of not more than $500.00 for each offense, and each and every day such offense is continued shall constitute a new and separate offense. SECTION 6. That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2008. APPROVED: __________________________________ DOUGLAS N. STOVER, MAYOR 4 TM 24623.2.000 ATTEST: __________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 02/01/08) WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Parks and Recreation March 25, 2008 14 ✔ CONTRACT/BID or PROPOSAL Consider approval of awarding Design/Build services as outlined in Buy Board Job Contracting Proposal #258-07 to Jamail & Smith Construction Company, for the design and construction of the Wagon Wheel Storage Facility to be located at 345 Freeport Parkway, in the amount of $295,423.00, and authorizing the City Manager and CRDC President to execute a contract after approval as to form by the city attorney. Approval of this request authorizes the design phase of the project to begin, with construction to follow after appropriate approvals. The adopted architectural design will be subject to City of Coppell building construction processes which include; Development Review Committee (DRC), Planning & Zoning Commission (P&Z), and City Council approval, before construction is permitted to begin. This project has been authorized and approved by the Coppell Recreation Development Corporation. Funds are available in the CRDC account for this contract. Staff recommends approval. ^Wagon Wheel Storage Facility-1 AR PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: March 25, 2008 To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Re: Consider approval of awarding Design/Build services as outlined in Buy Board Job Contracting Proposal #258-07 to Jamail & Smith Construction Company, for the design and construction of the Wagon Wheel Storage Facility to be located at 345 Freeport Parkway, in the amount of $295,423.00, and authorizing the City Manager and CRDC President to execute a contract after approval as to form by the city attorney. Background: A storage facility at Wagon Wheel Park has been discussed for many years with the Park Board, the CRDC and the various Youth Sports Associations. This facility is planned to be multi-use in that it will be shared by the city Park Operations and the Sports Organizations. Each Sports Organization will have a dedicated space at the facility to use as off-season storage, as well as storage for daily use items such as goals, nets, utensils, golf carts, etc. The Park Operations Division has made use of a temporary storage and maintenance facility situation at the park since 2001. This facility will address the needs of the maintenance operations for the park. This project is considered as a design/build situation. The Buy Board, through the Job Contracting section, allows for entities to contract with specific vendors who specialize in architectural, engineering and construction of simple structures. A facility of this type would require much more involvement on the part of city staff and would likely cost more, if pursued in the traditional manner of hiring an architect to design and then bidding the resulting project. The Coppell Recreation Development Corporation has reviewed and approved this proposal and has requested staff to forward to the City Council for consideration. City Council Action requested: Consideration of awarding Design/Build services as outlined in Buy Board Job Contracting Proposal #258-07 to Jamail & Smith Construction Company, for the design and construction of the Wagon Wheel Park Storage Facility, in the amount of $295,423.00, and authorizing the City Manager and CRDC President to execute a contract after approval as to form by the city attorney Staff Recommendation: Approval of this item. AGENDA REQUEST FORM DATE: March 25, 2008 ITEM #: 15 MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding Clean Coppell Earthfest on April 5 from 9:00 a.m. to 1:00 p.m. at Town Center. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: March 25, 2008 ITEM #: 16 COUNCIL COMMITTEE REPORTS A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B. Coppell ISD – Councilmembers Peters and Faught. C. Coppell Seniors – Councilmembers Brancheau and Faught. D. Dallas Regional Mobility Coalition – Councilmember Peters. E. Economic Development Committee – Mayor Pro Tem Hinojosa-Flores and Councilmember Franklin. F. International Council for Local Environmental Initiatives (ICLEI) – Councilmember Brancheau G. Metrocrest Hospital Authority – Councilmember Tunnell. H. Metrocrest Medical Foundation – Councilmember Tunnell. I. Metrocrest Medical Services – Mayor Pro Tem Hinojosa-Flores. J. Metrocrest Social Service Center – Councilmember Tunnell. K. North Texas Council of Governments – Councilmember Brancheau. L. NTCOG/Regional Emergency Management – Councilmember Franklin. M. North Texas Commission – Councilmember York. N. Senior Adult Services – Councilmember Faught. Agenda Request Form - Revised 06/03 Document Name: %ccommreport AGENDA REQUEST FORM DATE: March 25, 2008 ITEM #: 17 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork AGENDA REQUEST FORM DATE: March 25, 2008 ITEM #: 18 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: March 25, 2008 Department Submissions: Item Nos. 8 and 14 were placed on the Agenda for the above-referenced City Council meeting by the Parks Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Parks Department Item No. 13 was placed on the Agenda for the above-referenced City Council meeting by the Police Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Police Department Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-referenced City Council Meeting and have inserted any financial comments where appropriate. ____________________ Finance Department City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting and hereby submit the same to the City Council for consideration. ____________________ City Manager (or Deputy City Manager)