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CM 2008-08-26 MINUTES OF AUGUST 26, 2008 The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 26, 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 Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Karen Hunt, Councilmember Mayor Pro Tem Franklin was absent. 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 191 st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101 District Court. st B.Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1.Purchase of Real Property West of Denton Tap and South of Bethel Road. cm082608 Page 1 of 11 2.Land Purchase West of MacArthur and South 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 and north of S.H. 121 and east of Denton Tap. D.Section 551.074, Texas Government Code - Personnel Matters. 1.City Manager/Deputy City Manager Transition. Mayor Stover convened into Executive Session at 5:44 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:00 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3.Convene Work Session A.Discussion regarding the sale of alcohol at Oaktoberfest. B.Rail North Texas. 1.Cotton Belt Service. 2.Town Hall Meeting. C.Discussion regarding Coppell 2030 Process. D.Discussion of Agenda Items. Councilmember Hinojosa-Flores left during Work Session and returned prior to the reconvening of Regular Session. REGULAR SESSION (Open to the Public) 4.Convene Regular Session. 5.Invocation. Pastor Wayne McDonald of Metrocrest Community Church led those present in the Invocation. 6.Pledge of Allegiance. cm082608 Page 2 of 11 Eric Ward from Boy Scout Troop 807 led those present in the Pledge of Allegiance. 7.Presentation by Raymond Turco of Raymond Turco and Associates regarding the executive summary of the 2008 Waste Collection and Recycling Attitude Survey. Ray Turco, representing Raymond Turco and Associates, made a presentation to Council. 8.Report by Library Board. Marcia Raines, Chair, made the Board’s semi-annual report to Council. 9.Citizens' Appearances 1)Jeff Burgher, 622 Deforest Ct., spoke against alcohol in the park. 2)Candy Sheehan, 759 Pelican, spoke against alcohol in the park. 3)Tom Sawyer, 907 Mill Trail, spoke against alcohol in the park. 4)Rod Collver, 204 Simmons Dr., spoke against alcohol in the park. CONSENT AGENDA 10.Consider approval of the following consent agenda items: A.Consider approval of minutes: August 12, 2008 August 18, 2008. B. Consider approval of purchase of three 3M Self Check ™ machines in the amount of $58,539 from Alpha Data Corp (TXMAS-6-70030). Action: Councilmember Peters moved to approve Consent Agenda Items A and B. Councilmember Brancheau seconded the motion; the cm082608 Page 3 of 11 motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught, and Hunt voting in favor of the motion. 11.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. Presentation: Jennifer Miller, Director of Finance, made a presentation to the Council. Action: Councilmember Tunnell moved to approve Ordinance No. 2008- 1203 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. Councilmember Hunt seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa- Flores, Tunnell, Faught, and Hunt voting in favor of the motion. 12.PUBLIC HEARING: To receive public comment concerning the proposed 2008-2009 Municipal Budget. Presentation: Jennifer Miller, Director of Finance, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Hunt moved to close the Public Hearing for the receipt of public comment concerning the proposed 2008-2009 Municipal Budget. Councilmember Peters seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, cm082608 Page 4 of 11 Hinojosa-Flores, Tunnell, Faught, and Hunt voting in favor of the motion. 13.PUBLIC HEARING: To receive public comment concerning the proposed 2008-2009 tax rate of 0.64146. Presentation: Jennifer Miller, Director of Finance, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Tunnell moved to close the Public Hearing for the receipt of public comment concerning the proposed 2008-2009 tax rate of 0.64146. Councilmember Hinojosa-Flores seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught, and Hunt voting in favor of the motion. 14.Consider approval of a proposal from Dallas County, as provided for in the existing City/County Agreement to overlay the asphalt paving of the following streets: Sanders Loop, Holly Street and Nash Street south of Sandy Lake Road; with Dallas County furnishing labor, materials and equipment to perform the work; with the City of Coppell paying a cost of $124,886.87 as provided in the IMF fund; and authorizing the Mayor to sign and to execute any necessary documents. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. cm082608 Page 5 of 11 Action: Councilmember Faught moved to approve the proposal from Dallas County, as provided for in the existing City/County Agreement to overlay the asphalt paving of the following streets: Sanders Loop, Holly Street and Nash Street south of Sandy Lake Road; with Dallas County furnishing labor, materials and equipment to perform the work; with the City of Coppell paying a cost of $124,886.87 as provided in the IMF fund; and authorizing the Mayor to sign and to execute any necessary documents. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa- Flores, Tunnell, Faught, and Hunt voting in favor of the motion. 15.Consider approval of an Interlocal Agreement between the City of Coppell and the City of Lewisville for construction of a traffic signal at the intersection of Denton Tap Road and Highland Drive; and authorize funding in the amount of $169,264.46 for construction; and authorizing the Mayor to sign and to execute any necessary documents. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. Action: Councilmember Brancheau moved to approve an Interlocal Agreement between the City of Coppell and the City of Lewisville for construction of a traffic signal at the intersection of Denton Tap Road and Highland Drive; and authorize funding in the amount of $169,264.46 for construction; and authorizing the Mayor to sign and to execute any necessary documents. Councilmember Hunt seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught, and Hunt voting in favor of the motion. 16.Consider approval of a Purchase Agreement between Pacific Realty Associates, L.P. (PacTrust) and the City of Coppell for the construction of Southwestern Boulevard from the Denton Tap/Belt Line intersection to Coppell Road; and authorizing the City Manager to sign and execute any necessary documents. cm082608 Page 6 of 11 Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. Action: Councilmember Peters moved to approve a Purchase Agreement between Pacific Realty Associates, L.P. (PacTrust) and the City of Coppell for the construction of Southwestern Boulevard from the Denton Tap/Belt Line intersection to Coppell Road; and authorizing the City Manager to sign and execute any necessary documents. Councilmember Tunnell seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught, and Hunt voting in favor of the motion. 17.Consider approval of a resolution designating the sole Provider of alcoholic beverages at the October 18, 2008 Coppell Oaktoberfest, and authorizing the City Manager to enter into an agreement with said Provider. Presentation: Jim Witt, City Manager, made a presentation to the Council. Action: Councilmember Hunt moved to approve Resolution No. 2008-0826.1 designating the sole Provider of alcoholic beverages at the October 18, 2008 Coppell Oaktoberfest, and authorizing the City Manager to enter into an agreement with said Provider. Councilmember Tunnell seconded the motion; the motion carried 4-2 with Councilmembers Brancheau, Tunnell, Faught, and Hunt voting in favor of the motion, and Councilmembers Peters and Hinojosa-Flores voting against the motion. 18.Mayor and Council Reports. A.Report by Mayor Stover regarding Coppell 2030 Update. B.Report by Mayor Stover regarding Coppell Chamber meeting. A.Mayor Stover spoke regarding Coppell 2030 and the task force of citizens that have been meeting. Council met with cm082608 Page 7 of 11 members of this group and appreciates all the work the committee has done. Council will meet again to further discuss the work presented. B. Mayor Stover reminded the public that the Chamber of Commerce luncheons are open to the public. He encourages attendance and speaks highly of the guest speakers. 19.Council Committee Reports. A.Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell B.Coppell ISD – Peters and Hinojosa-Flores. C.Coppell Seniors – Brancheau and Faught. D.Dallas Regional Mobility Coalition – Peters. E.DFW Airport Board – Peters. F.International Council for Local Environmental Initiatives (ICLEI) – Brancheau G.Metrocrest Hospital Authority – Tunnell. H.Metrocrest Medical Foundation – Hunt. I.Metrocrest Medical Services – Hinojosa-Flores. J.Metrocrest Social Service Center – Hunt. K.North Texas Council of Governments – Peters. L.NTCOG/Regional Emergency Management – Franklin. M.North Texas Commission – Franklin. N.Senior Adult Services – Faught. A.Councilmember Tunnell announced school started back on 8/25. CFBISD/LISD is starting a night school to earn credits towards a high school degree. The program is open to non-residents. LISD Education Foundation will be hosting their Culinary Experience Gala on 9/13 at the Hilton Garden Inn. B.Councilmember Hinojosa-Flores said CISD started school on 8/25. The New Tech High School will have a grand opening on 9/21 from 2-4 p.m. CHS Curriculum night will be held on 9/2. The Homecoming parade will be held on 9/18 at 6:30 p.m. Finally, 12 campuses received exemplary status and two campuses received recognized status. C.Councilmember Faught reported that an on-site visit to the Grapevine Springs Senior and Community Center was held st on 8/25. Three van loads of people attended. Also, the 1 Annual Craft Sale will be held on 9/27. cm082608 Page 8 of 11 D.Councilmember Peters spoke of the North Texas Rail Initiative and its preparation for the upcoming Legislative Session. More updates will be coming regarding the Cotton Belt Rail and TXDOT reports that the Sandy Lake/SH 121 interchange is on schedule for Phase One. E.Nothing to report. F.Nothing to report. G.Councilmember Tunnell said Hospital Partners Associates is filing for bankruptcy, so Trinity Medical is looking for alternatives through Baylor or Methodist Hospitals. H.Councilmember Hunt gave an update on the Stetson and Turquoise Gala scheduled for 9/20 at Austin Ranch. There will be a Pre-Party at Cavender Boot City on 8/27 from 5:30- 8:30 p.m. I.Councilmember Hinojosa-Flores announced two new physicians are on board. They are also looking for a duplex scanner to be donated. J.Councilmember Hunt reported that school supplies were given to 1,500 students and socks and shoes were passed out to 962 students. K.Nothing to report. L.Nothing to report. M.Councilmember Peters announced the North Texas Commission Annual Luncheon will be held on 9/29 at the Anatole. N.Councilmember Faught attended a Thank You dinner for former Director, Mary Joiner. He also met with current Director, Greg Gerendis, who is looking to increase funding from outside sources and expand service outside the current area. At this time, Mayor Stover reconvened into Executive Session. EXECUTIVE SESSION (Closed to the Public) Reconvene Executive Session 2. 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 cm082608 Page 9 of 11 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 191 st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101 District Court. st B.Section 551.072, Texas Government Code - Deliberation regarding Real Property. 2.Purchase of Real Property West of Denton Tap and South of Bethel Road. 3.Land Purchase West of MacArthur and South of Beltline. C.Section 551.087, Texas Government Code – Economic Development Negotiations. i.ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road and north of S.H. 121 and east of Denton Tap. D.Section 551.074, Texas Government Code - Personnel Matters. i.City Manager/Deputy City Manager Transition. Mayor Stover reconvened into Executive Session at 9:31 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 9:58 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) 20)Necessary action resulting from Work Session. There was no action necessary under this item. 21)Necessary action resulting from Executive Session. Action: Councilmember Faught moved to approve an agreement with Clay Phillips to employ him as City Manager effective on December 16, 2008 under the terms and conditions set forth in such agreement and authorize the Mayor to sign. Councilmember Tunnell seconded cm082608 Page 10 of 11 the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught, and Hunt voting in favor of the motion. There Being n ; further business to c~me ~efore ~e(~ity Council, the meetin was ad'ourned. I Douglas 1~X! Stoller, Mayor ATTEST: Libby Ba ,City Secretary 1 1 cm082608 Page 11 of 11