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CP 2008-05-27 NOTICE OF CITY COUNCIL MEETING AND AGENDA MAY 27, 2008 DOUG STOVER, MARVIN FRANKLIN, Place 6 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4 JAYNE PETERS, Place 2 BILLY FAUGHT, Place 5 BRIANNA HINOJOSA-FLORES, Place 3 KAREN HUNT, Place 7 JIM WITT, City Manager MEETING TIME AND PLACE: Call to Order 6:00 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, May 27, 2008, at 6:00 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. ag052708 Page 1 of 4 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. 2. Mira Mar vs. City of Coppell. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Purchase of real property 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 and north of Sandy Lake Road/East of Denton Tap. WORK SESSION (Open to the Public) 3. Convene Work Session A. Council Retreat and Overview. B. TMRS Update. 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. ag052708 Page 2 of 4 ITEM # ITEM DESCRIPTION 6. Pledge of Allegiance. 7. Recognition of Service Academy appointments. 8. Report by Park Board. 9. Citizens' Appearances. CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: May 13, 2008. B. Consider approval of a grant between the city of Coppell, the Coppell Education Development Corporation, and the North Hills Preparatory School in the amount of $25,000 for technology, and authorizing the City Manager to sign. END OF CONSENT 11. Mayor and Council Reports. A. Report by Councilmember Tunnell regarding National League of Cities – Community & Economic Development Steering Committee meeting report. B. Report by Councilmember Faught regarding Ride of Silence. 12. 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 – Councilmember Hinojosa- Flores and Mayor Pro Tem 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 – Councilmember Hinojosa-Flores. J. Metrocrest Social Service Center – Councilmember Tunnell. K. North Texas Council of Governments – Councilmember Brancheau. ag052708 Page 3 of 4 ITEM # ITEM DESCRIPTION L. NTCOG/Regional Emergency Management – Mayor Pro Tem Franklin. M. North Texas Commission – Vacant. N. Senior Adult Services – Councilmember Faught. 13. Necessary action resulting from Work Session. 14. 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 23rd day of May, 2008, at __________________. ____________________________________ Libby Ball, City Secretary 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). ag052708 Page 4 of 4 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: May 27, 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. 2. Mira Mar vs. City of Coppell. B. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Purchase of real property 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 and north of Sandy Lake Road/East of Denton Tap. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: May 27, 2008 ITEM #: WS-3 WORK SESSION A. Council Retreat and Overview B. TMRS Update. 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: City Manager May 27, 2008 7 ✔ PROCEDURAL Recognition of Service Academy appointments. No action necessary !service 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 May 27, 2008 8 ✔ REPORT Report by the Park Board. The semi-annual report will be made by a member of the Park Board. No action necessary on this item. %boardreport AGENDA REQUEST FORM DATE: May 27, 2008 ITEM #: 9 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 May 27, 2008 10/A ✔ PROCEDURAL Consider approval of minutes: May 13, 2008. Minutes of the City Council meeting held on May 13, 2008. Staff recommends approval. %minutes cm051308 Page 1 of 11 MINUTES OF MAY 13, 2008 The City Council of the City of Coppell met in Regular Called Session on Tuesday, May 13, 2008 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 Brianna Hinojosa-Flores, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Bill York, Councilmember 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 Work 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. cm051308 Page 2 of 11 B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Purchase of real property 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 and north of Sandy Lake Road/East of Denton Tap. Executive Session was held at the end of the meeting. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Appointment of Mayor Pro Tem. B. Discussion regarding Skateboard Ordinance. C. Discussion regarding Council Retreat. 1. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Rod Collver, Living Hope Church, led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Canvass returns of the May 10, 2008 General Municipal Election, approval of an order declaring the results of said election; and authorizing the Mayor to sign. cm051308 Page 3 of 11 Presentation: City Attorney Robert Hager read the Canvass of Returns and Declaration of Results of election into the record showing the following number of votes: Place 1 Tim Brancheau 897 Place 3 Brianna Hinojosa-Flores 680 Brent Wooten 464 Place 5 Billy Faught 883 Place 7 Mike Ridgley 376 Karen Hunt 706 Action: Councilmember York moved to approve Resolution No. 2008- 0513.1 the Canvass of Returns and Declaration of Results. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. At this time, Item 10 was considered. Please see Item 10 for the minutes. 8. Swearing in of Councilmembers Place 1, 3, 5 & 7. Mayor Doug Stover swore in the following as a result of the May 10 election: Councilmember/Place 1 Tim Brancheau Councilmember/Place 3 Brianna Hinojosa-Flores Councilmember/Place 5 Billy Faught Councilmember/Place 7 Karen Hunt 9. Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. cm051308 Page 4 of 11 Action: Mayor Pro Tem Hinojosa-Flores moved to appoint Marvin Franklin to serve as Mayor Pro Tem. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. At this time, the makeup of Council is as follows: Doug Stover, Mayor Marvin Franklin, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Karen Hunt, Councilmember 10. Councilmember appreciation presentation. Mayor Stover presented a plaque to former Councilmember York and commended him for his work on City Council. 11. Consider approval of a proclamation honoring Pete Wilson for his years of service to the Coppell community, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Pete Wilson. Action: Councilmember Peters moved to approve a proclamation honoring Pete Wilson for his years of service to the Coppell community, and authorizing the Mayor to sign. Mayor Pro Tem Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. cm051308 Page 5 of 11 12. Consider approval of a proclamation naming May 15 as Coppell Fire Department Day, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Chief Kevin Richardson. Action: Councilmember Faught moved to approve a proclamation naming May 15 as Coppell Fire Department Day, and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 13. Citizens' Appearances. Thomas Burrows, 138 Wynnpage, spoke regarding yard waste and code enforcement. CONSENT AGENDA 14. Consider approval of the following consent agenda items: A. Consider approval of minutes: April 22. 2008. B. Consider approval of an agreement with Oncor Electric Delivery to provide median lighting for the Bethel Road Project #ST 99-05 in the amount of $69,282.00; as provided for in CIP funds; and authorizing the City Manager to sign. C. Consider approval of an amendment to the "Agreement of Exchange of Property" between the City of Coppell and Chadick Capital L.P. approved March 27, 2007; for the exchange of property to allow the construction of drainage improvements on the Bethel Road Project; and authorizing the City Manager to sign. cm051308 Page 6 of 11 D. Consider approval of an Ordinance amending the Code of Ordinances by repealing Article 15-9, Property Maintenance Code, in its entirety and by adding a new Article 15-14 to provide the adoption of the International Property Maintenance Code, 2006 Edition, and the amendments thereto; and authorizing the Mayor to sign. E. Consider approval of an Ordinance amending the Code of Ordinances by readopting and recodifying Article 15-9 providing for the adoption of the Coppell Thoroughfare Plan; and authorizing the Mayor to sign. F. Consider approval of an Ordinance for Case No. PD- 209R-C, TownOaks Centre, zoning change from PD- 209-C (Planned Development-209-Commercial) to PD-209R-C (Planned Development-209 Revised- Commercial) to allow an increase in the allowable size of a proposed attached sign from 25.6 square feet to 51.9 square feet, for Tuesday Morning, on property located at the southeast corner of Sandy Lake Road and Denton Tap Road and authorizing the Mayor to sign. G. Consider approval of an Ordinance for Case No. PD- 214R3-SF-9, Arbor Manors Phase II, zoning change from R (Retail) to PD-214R3-SF-9 (Planned Development-214 Revision-3-Single Family-9) to attach a Detail Site Plan to allow the development of two (2) single-family homes, one (1) common area lot and street right-of-way on approximately 0.87 acres of property located north of the Whispering Hills Addition and east of the Georgian Place Addition and authorizing the Mayor to sign. H. Consider approval of an Ordinance for Case No. PD- 222R2-LI, Duke Lesley Addition Lot 2, Block A, zoning change from PD-222-LI (Planned Development-222-Light Industrial) to PD-222R2-LI (Planned Development-222 Revision 2-Light Industrial) to amend the PD conditions to allow for cm051308 Page 7 of 11 attached building signage which exceeds the size and number requirements of the Zoning Ordinance for Hemispheres, located along the north side of Dividend Drive, approximately 1,200 feet west of S. Belt Line Road and authorizing the Mayor to sign. Action: Councilmember Peters moved to approve Consent Agenda Items A, B, C, D carrying Ordinance No. 2008-1195, E carrying Ordinance No. 2008-1196, F carrying Ordinance No. 91500-A-497, G carrying Ordinance No. 91500-A-498 and H carrying Ordinance No. 91500- A-499. Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 15. PUBLIC HEARING: Consider approval of Case No. PD-200R2-SF-12, Petterson Addition, zoning change request from PD-200R-SF-12 (Planned Development-200 Revised -Single Family-12) to PD-200R2-SF-12 (Planned Development-200 Revision 2- Single Family-12), to allow: realignment of the mutual access/fire lane easement; an exception to the garage access requirement that states garage access must only be accessed off of the alley; revised landscape plan and construction of four single-family homes on 2.27 acres of property, located along the north side of Sandy Lake Road, approximately 130 feet west of Summer Place Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Ed Kelly, representing the applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised no one had signed up to speak. cm051308 Page 8 of 11 Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. PD-200R2-SF-12, Petterson Addition, zoning change request from PD-200R-SF-12 (Planned Development-200 Revised -Single Family-12) to PD-200R2-SF-12 (Planned Development-200 Revision 2-Single Family-12), to allow: realignment of the mutual access/fire lane easement; an exception to the garage access requirement that states garage access must only be accessed off of the alley; revised landscape plan and construction of four single-family homes on 2.27 acres of property, located along the north side of Sandy Lake Road, approximately 130 feet west of Summer Place Drive, subject to the following conditions: 1. A Tree Removal permit is required prior to start of construction; 2. None of the garages will open to the front/street. Mayor Pro Tem Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 16. Consider approval the Petterson Addition, Lots 1R-4R, & 1XR, Block A, Replat, to establish four single-family residential lots, one common area, easements, and a fire lane on 2.27 acres of property, located along the north side of Sandy Lake Road, approximately 130 feet west of Summer Place Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Tunnell moved to approve the Petterson Addition, Lots 1R-4R, & 1XR, Block A, Replat, to establish four single-family residential lots, one common area, easements, and a fire lane on 2.27 acres of property, located along the north side of Sandy Lake Road, approximately 130 feet west of Summer Place Drive. Councilmember Brancheau seconded the motion; the motion cm051308 Page 9 of 11 carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 17. Consider approval of a resolution authorizing the filing of a project funding application with the North Central Texas Council of Governments for a regional solid waste management local project, and authorizing the Mayor to sign. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to the Council. Action: Mayor Pro Tem Franklin moved to approve Resolution No. 2008- 0513.2 authorizing the filing of a project funding application with the North Central Texas Council of Governments for a regional solid waste management local project, and authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 18. Mayor and Council Reports. A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding the Education Foundation Recognition Dinner. A. Councilmember Peters attended the Metroplex Mayors’ Meeting in Mayor Stover’s absence. She said Representative Linda Harper Brown was the guest speaker and discussed gas prices heading towards $6/gallon. Rep. Harper Brown said they will be looking for solutions to this problem in the upcoming legislative session. cm051308 Page 10 of 11 B. Mayor Stover reported on the entertaining program put on by the Education Foundation. The dinner honors the top 5% of the students in the graduating class and honors the campus teachers of the year. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session C. 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. D. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Purchase of real property west of Denton Tap/south of Bethel Road. E. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road and north of Sandy Lake Road/East of Denton Tap. 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 9:30 p.m. and opened the Regular Session. cm051308 Page 11 of 11 REGULAR SESSION (Open to the Public) 19. Necessary action resulting from Work Session. There was no action necessary under this item. 20. 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. ____________________________________ 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 City Manager May 27, 2008 10/B ✔ CONTRACT/BID or PROPOSAL Consider approval of a grant between the city of Coppell, the Coppell Education Development Corporation, and the North Hills Preparatory School in the amount of $25,000 for technology, and authorizing the City Manager to sign. Funds are available from the CEDC 1/2 cent sales tax for this grant. Staff recommends approval. !NorthHills STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION § COUNTY OF DALLAS § GRANT AGREEMENT This Educational Development Grant Agreement (“Agreement”) is made by and between the city of Coppell, Texas (“CITY”), Coppell Education Development Corporation (“CEDC”) and North Hills Preparatory School ( “NHPS”), acting by and through their respective authorized officers. W I T N E S S E T H : WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide educational development grants to publicly funded institutions through the CEDC for the promotion of literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CITY seeks to support programs for promoting literacy, foreign language and career technology for a skilled workforce; and WHEREAS, NHPS has submitted a grant application No. 2008-T03 to provide funding for seven technology stations, headphones, and six hours of professional development training for the entire faculty at NHPS (the PROJECT); and WHEREAS, NHPS has developed the PROJECT to benefit grades 6 through 12 for the purpose of career technology, and seeks the assistance of the CEDC; and WHEREAS, the CITY has determined that making an education development grant to NHPS in accordance with this Agreement will further the objectives of the CITY, will benefit the CITY and the CITY’s inhabitants and will promote career technology in the CITY. NOW THEREFORE, in consideration of the foregoing, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged on the terms and conditions hereinafter set forth, the parties agree as follows: GENERAL PROVISIONS 1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to provide NHPS an education development grant (the “GRANT”) in an amount not to exceed Twenty-five Thousand Dollars and No Cents ($25,000.00). 2. NHPS agrees to utilize the GRANT to purchase seven technology stations, headphones, and six hours of professional development training for the entire faculty at NHPS. _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 1 3. CITY agrees to provide the GRANT of Twenty-five Thousand Dollars and No Cents ($25,000.00) funds payable on a quarterly basis with the first payment due in August 2008. Funds to be expended in accordance with the budget categories set forth in the GRANT application. 4. No later than March 31, 2009 NHPS shall submit the receipts for seven technology stations, headphones, and six hours of professional development training purchased for this GRANT to the CEDC. The detailed expenditures shall include, but not be limited to, copies of invoices. 5. In the event NHPS breaches any of the terms of this AGREEMENT or fails to use the GRANT for the purposes set forth herein, then NHPS, after expiration of the notice and cure period described herein, shall be in default of this AGREEMENT. As liquidated damages in the event of such default, NHPS shall, within thirty (30) days after demand, repay to the CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of default would be speculative and difficult to determine. Upon breach by NHPS of any obligations under this AGREEMENT, the CITY shall notify NHPS in writing, who shall have thirty (30) days from receipt of the notice in which to cure such default. If NHPS fails to cure the default within the time provided herein, or, as such time period may be extended, then the CITY at its sole option, shall have the right to terminate this AGREEMENT without further notice to NHPS. 6. The terms and conditions of this AGREEMENT are binding upon the successors and assigns of all parties hereto. This AGREEMENT may not be assigned without the express written consent of CITY and CEDC. 7. It is understood and agreed between the parties that NHPS, in the use of the GRANT and in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with these actions. NHPS agrees to indemnify and hold harmless the CITY and the CEDC from all such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s fees, of any nature whatsoever arising out of NHPS’ performance of the conditions under this AGREEMENT. 8. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage pre-paid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the signature of the party. 9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for any action concerning this AGREEMENT shall be in the State District Court of Dallas County, Texas. 10. In the event any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 2 illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. EXECUTED this _______ day of _____________________, 2008. CITY OF COPPELL, TEXAS By: ______________________________________ JIM WITT, CITY MANAGER 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: ______________________________________ EXECUTED this _______ day of _____________________, 2008. COPPELL EDUCATION DEVELOPMENT CORPORATION By: ______________________________________ ANTONIO ALTEMUS, PRESIDENT 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: ______________________________________ _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 3 SIGNED this ______ day of ________________, 2008. NORTH HILLS PREPARATORY SCHOOL By: ______________________________________ CHERYL HUISMAN PRINCIPAL North Hills Preparatory School 606 E. Royal Lane Irving, Texas 75039 ATTEST: By: ______________________________________ CITY’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of _______________, 2008 by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 4 COPPELL EDUCATION DEVELOPMENT CORPORATION STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2008 by Antonio Altemus, President of Coppell Education Development Corporation, on behalf of said corporation. Notary Public, State of Texas My Commission expires: _________________________ NORTH HILLS PREPARATORY SCHOOL STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2008 by Cheryl Huisman, Principal of North Hills Preparatory School, on behalf of said school. Notary Public, State of Texas My Commission expires: __________________________ _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 5 AGENDA REQUEST FORM DATE: May 27, 2008 ITEM #: 11 MAYOR AND COUNCIL REPORTS A. Report by Councilmember Tunnell regarding National League of Cities – Community & Economic Development Steering Committee. B. Report by Councilmember Faught regarding Ride of Silence. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: May 27, 2008 ITEM #: 12 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 – Councilmember Hinojosa-Flores and Mayor Pro Tem 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 – Councilmember Hinojosa-Flores. J. Metrocrest Social Service Center – Councilmember Tunnell. K. North Texas Council of Governments – Councilmember Brancheau. L. NTCOG/Regional Emergency Management – Mayor Pro Tem 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: May 27, 2008 ITEM #: 13 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork AGENDA REQUEST FORM DATE: May 27, 2008 ITEM #: 14 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: May 27, 2008 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)