CM 2009-04-28MINUTES OF APRIL 28, 2009
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, April 28, 2009 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
Marvin Franklin, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Billy Faught, Councilmember
Karen Hunt, Councilmember
Councilmembers Hinojosa-Flores and Tunnell were absent. Also present were
City Manager Clay Phillips, 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. Discussion regarding Oil & Gas Ordinance.
2. Discussion regarding Mira Mar Hearing Procedures.
B. Section 551.087, Texas Government Code - Economic
Development Negotiations.
1. ED Prospects West of Beltline/Denton Tap and south
of Bethel Road and north of Sandy Lake Road and
west of Coppell Road.
Mayor Stover convened into Executive Session at 5:46 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 6:55 p.m. and opened the Regular Session.
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WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Identity Theft Policy.
B. Discussion regarding the Fee Resolution.
C. Discussion regarding Service/Arts Organizations'
Schedule.
D. Discussion regarding Kirkland House/Minyards
Renovation.
E. Discussion regarding Restland Chapel Signage.
F. Discussion of Agenda Items.
Work Session was held at the beginning of the Regular Session.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Deacon Kory Killgo of St. Ann Parish led those present in the Invocation.
6. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
7. Presentation of the Distinguished Budget Presentation Award
to Finance Department.
Mayor Stover presented the award for Distinguished Budget Presentation
to Jennifer Miller, Director of Finance.
8. Graduation ceremony for Leadership Coppell Class of 2009.
Mayor Stover presented graduation certificates to graduating members of
Leadership Coppell.
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9. Consider approval of a proclamation naming April 27 through
May 1, 2009 as Cleaning for a Reason Week, and authorizing
the Mayor to sign.
Mayor Stover read the proclamation for the record and presented the
same to Debi Bascu, President of Rag Mop Cleaning Service.
Action:
Mayor Pro Tem Franklin moved to approve a proclamation naming April
27 through May 1, 2009 as Cleaning for a Reason Week, and authorizing
the Mayor to sign. Councilmember Peters seconded the motion; the
motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Faught and Hunt voting in favor of the motion.
10. Consider approval of a proclamation naming the week of May 3
through May 9, 2009 as Municipal Clerks' Week, and
authorizing the Mayor to sign.
Mayor Stover read the proclamation for the record and presented the
same to Christel Pettinos, Deputy City Secretary.
Action:
Councilmember Faught moved to approve a proclamation naming the
week of May 3 through May 9, 2009 as Municipal Clerks' Week, and
authorizing the Mayor to sign. Councilmember Hunt seconded the
motion; the motion carried 5-0 with Mayor Pro Tem Franklin and
Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of
the motion.
11. Citizens' Appearances
Mayor Stover advised no one signed up to speak.
CONSENT AGENDA
12. Consider approval of the following consent agenda items:
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A. Consider approval of minutes: April 13, 2009 & April 14,
2009.
B. Consider approval of an ordinance abandoning a utility
and water line easement created by Ordinance #92547,
located in the J. W. Anderson Survey, Abstract No. 18;
reserving all existing easement rights of others if any,
whether apparent or non-apparent, aerial, surface,
underground or otherwise; providing for the furnishing of
a certified copy of this ordinance for recording in the real
property records of Dallas County, Texas as a quitclaim
deed; and authorizing the Mayor to sign and to execute
any necessary documents.
C. Consider approval to award Bid #Q-0309-01 HVAC
Maintenance Contract to Johnson Controls, Inc. in the
amount of $97,056.00 as budgeted for a one year term
beginning May 1, 2009 with options to renew an
additional four years, and authorizing the City Manager
to sign all necessary documentation.
D. Consider approval of an agreement with Jalal Khorrami to
acquire 0.026 acres of land, in order to expedite the
Bethel Road improvements through Old Town, and
authorizing the City Manager to sign and execute any
necessary documents.
E. Consider approval of a Resolution adopting the Identity
Theft Policy in accordance with the Fair and Accurate
Credit Transaction Act of 2003, and authorizing the
Mayor to sign.
F. Consider approval of a Resolution amending Resolution
No. 010996.3 as heretofore amended, with regard to
zoning fees; building inspection fees; Rolling Oaks
Memorial Center and garbage collection fees and
authorizing the Mayor to sign.
G. Consider approval to extend the agreement with Direct
Energy Business, LLC for an additional two year period
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for PSC Services and Electricity and authorize the City
Manager to sign.
H. Consider approval of entering into an agreement with
DFW Communications, Inc. to purchase and install a
Bidirectional Amplifier in the warehouse district located
near Beltline and Interstate 635 in the amount of
$62,804.39; and authorizing the City Manager to sign.
Action:
Councilmember Peters moved to approve Consent Agenda Items A, B
carrying Ordinance No. 2009-1226, C, D, E carrying Resolution No.
2009-0428.1, F carrying Resolution No. 2009-0428.2, G and H.
Councilmember Brancheau seconded the motion; the motion carried 5-0
with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters,
Faught and Hunt voting in favor of the motion.
13. Consider approval of an Ordinance of the City of Coppell,
Texas, approving an amendment to Ordinance No. 2008-1205,
the budget for the Fiscal Year October 1, 2008 through
September 30, 2009, and authorizing the Mayor to sign.
Presentation:
Jennifer Miller, Director of Finance, made a presentation to the Council.
Action:
Councilmember Faught moved to approve Ordinance No. 2009-1227
approving an amendment to Ordinance No. 2008-1205, the budget for
the Fiscal Year October 1, 2008 through September 30, 2009, and
authorizing the Mayor to sign. Mayor Pro Tem Franklin seconded the
motion; the motion carried 5-0 with Mayor Pro Tem Franklin and
Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of
the motion.
14. Consider approval to award Buy Board Quote to Gomez Floor
Covering, Inc. in the amount of $79,653.49 for the
replacement of the gymnasium floor at the Coppell Aquatic and
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Recreation Center as budgeted, and authorize the City
Manager to sign and execute all necessary documents.
Presentation:
Sheri Moino, Facilities Manager, made a presentation to the Council.
Action:
Mayor Pro Tem Franklin moved to award Buy Board Quote to Gomez
Floor Covering, Inc. in the amount of X79,653.49 for the replacement of
the gymnasium floor at the Coppell Aquatic and Recreation Center as
budgeted, and authorize the City Manager to sign and execute all
necessary documents. Councilmember Hunt seconded the motion; the
motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Faught and Hunt voting in favor of the motion.
15. Consider approval of an agreement between the State of Texas
and the City of Coppell in the amount of $552,466.80, plus any
cost overruns, for the acquisition of Right-of--Way associated
with State Highway 121 from the Tarrant/Dallas County line
northeasterly to Denton Creek and authorizing the Mayor to
sign.
Presentation:
Ken Griffin, Director of Engineering and Public Works, made a
presentation to the Council.
Action:
Councilmember Peters moved to approve an agreement between the State
of Texas and the City of Coppell in the amount of X552,466.80, plus any
cost overruns, for the acquisition of Right-of-Way associated with State
Highway 121 from the Tarrant/Dallas County line northeasterly to
Denton Creek and authorizing the Mayor to sign. Councilmember
Brancheau seconded the motion; the motion carried 5-0 with Mayor Pro
Tem Franklin and Councilmembers Brancheau, Peters, Faught and
Hunt voting in favor of the motion.
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16. Consider approval of an Ordinance Amending The Code Of
Ordinances Of The City Of Coppell, Repealing Article 9-26, "Oil
And Gas Drilling And Production," In Its Entirety, And
Replacing With A New Article 9-26, "Oil And Gas Drilling And
Production," Regulating The Drilling And Production Of Oil
And Gas Wells; and authorizing the Mayor to Sign.
Presentation:
Marcie Diamond, Assistant Director of Planning, made a presentation to
the Council.
Action:
Councilmember Hunt moved to approve Ordinance No. 2009-1228
Amending The Code Of Ordinances Of The City Of Coppell, Repealing
Article 9-26, "Oil And Gas Drilling And Production," In Its Entirety, And
Replacing With A New Article 9-26, "Oil And Gas Drilling And
Production," Regulating The Drilling And Production Of Oil And Gas
Wells; and authorizing the Mayor to Sign. Councilmember Peters
seconded the motion; the motion carried 5-0 with Mayor Pro Tem
Franklin and Councilmembers Brancheau, Peters, Faught and Hunt
voting in favor of the motion.
17. Deliberate and decide the appeal of Mira Mar Development,
LLC pursuant to §212.904 Texas Local Government Code to
apportion the costs of municipal infrastructure improvements
in accordance with applicable law for the Alexander Court
Subdivision Development.
Action:
Mayor Pro Tem Franklin moved to deny Mira Mar Development's appeal
for a refund for installation of barrier curb in the amount of X40,000.00.
Councilmember Brancheau seconded the motion; the motion carried 5-0
with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters,
Faught and Hunt voting in favor of the motion.
Councilmember Peters moved to deny Mira Mar Development's appeal for
a refund for installation of extra drainage outlets in the amount of
~ 14,000.00. Councilmember Faught seconded the motion; the motion
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carried 5-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Faught and Hunt voting in favor of the motion.
Mayor Pro Tem Franklin moved to grant Mira Mar Development's appeal
for a refund for installation of offsite sidewalks in the amount of
~ 12,465.00. Councilmember Peters seconded the motion; the motion
carried 4-1 with Mayor Pro Tem Franklin and Councilmembers Peters,
Faught and Hunt voting in favor of the motion, and Councilmember
Brancheau voting against the motion.
Councilmember Brancheau moved to deny Mira Mar Development's
appeal for a refund for the over-fill for pad sites in the amount of
X5,000.00. Councilmember Faught seconded the motion; the motion
carried 5-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Faught and Hunt voting in favor of the motion.
Councilmember Faught moved to deny Mira Mar Development's appeal
for a refund for the construction of additional storm drain and Rip Rap in
the amount of X23,500.00. Mayor Pro Tem Franklin seconded the
motion; the motion carried 5-0 with Mayor Pro Tem Franklin and
Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of
the motion.
Councilmember Faught moved to deny Mira Mar Development's appeal
for a refund for installation of an extra sanitary sewer manhole in the
amount of X3,500.00. Councilmember Brancheau seconded the motion;
the motion carried 5-0 with Mayor Pro Tem Franklin and
Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of
the motion.
Councilmember Brancheau moved to deny Mira Mar Development's
appeal for a refund for installation of water line concrete caps in the
amount of X3,000.00. Councilmember Peters seconded the motion; the
motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Faught and Hunt voting in favor of the motion.
Councilmember Peters moved to deny Mira Mar Development's appeal for
a refund for installation of screen wall exterior columns in the amount of
~ 18,000.00. Mayor Pro Tem Franklin seconded the motion; the motion
carried 5-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Faught and Hunt voting in favor of the motion.
Councilmember Brancheau moved to deny Mira Mar Development's
appeal for a refund for installation of retaining walls and 4:1 slope in the
amount of X52,000.00. Councilmember Faught seconded the motion;
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the motion carried 5-0 with Mayor Pro Tem Franklin and
Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of
the motion.
Councilmember Hunt moved to deny Mira Mar Development's appeal for
a refund for redundant excavation in flood plain in the amount of
~ 18,000.00. Councilmember Brancheau seconded the motion; the
motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Faught and Hunt voting in favor of the motion.
Councilmember Faught moved to deny Mira Mar Development's appeal
for a refund for floodplain study checking in the amount of X2,000.00.
Mayor Pro Tem Franklin seconded the motion; the motion carried 5-0
with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters,
Faught and Hunt voting in favor of the motion.
Councilmember Faught moved to deny Mira Mar Development's appeal
for a refund for floodplain delay in the amount of ~ 16,000.00.
Councilmember Hunt seconded the motion; the motion carried 5-0 with
Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters,
Faught and Hunt voting in favor of the motion.
Mayor Pro Tem Franklin moved to deny Mira Mar Development's appeal
for a refund for surveying and landscape architect fees in the amount of
X27,000.00. Councilmember Brancheau seconded the motion; the
motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Faught and Hunt voting in favor of the motion.
Councilmember Hunt moved to deny Mira Mar Development's appeal for
a refund for engineering fees in the amount of X22,000.00.
Councilmember Peters seconded the motion; the motion carried 5-0 with
Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters,
Faught and Hunt voting in favor of the motion.
Councilmember Peters moved to grant Mira Mar Development's appeal
for a refund for park fees in the amount of X11,265.00. Mayor Pro Tem
Franklin seconded the motion; the motion carried 4-1 with Mayor Pro
Tem Franklin and Councilmembers Brancheau, Peters and Faught voting
in favor of the motion, and Councilmember Hunt voting against the
motion.
Councilmember Peters moved to deny Mira Mar Development's appeal for
a refund for roadway assessment fees in the amount of ~ 18,444.00.
Councilmember Brancheau seconded the motion; the motion carried 5-0
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with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters,
Faught and Hunt voting in favor of the motion.
Councilmember Hunt moved to deny Mira Mar Development's appeal for
a refund for tree mitigation fees in the amount of X34,500.00.
Councilmember Faught seconded the motion; the motion carried 5-0
with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters,
Faught and Hunt voting in favor of the motion.
Councilmember Brancheau moved to deny Mira Mar Development's
appeal for a refund for inspection fees in the amount of X21,000.00.
Mayor Pro Tem Franklin seconded the motion; the motion carried 5-0
with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters,
Faught and Hunt voting in favor of the motion.
Councilmember Hunt moved to deny Mira Mar Development's appeal for
a refund for redundant water bacteria test in the amount of X2,500.00.
Councilmember Brancheau seconded the motion; the motion carried 5-0
with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters,
Faught and Hunt voting in favor of the motion.
Councilmember Hunt moved to deny Mira Mar Development's appeal for
a refund for the surrender of 0.725 acres of land mandated by the City in
the amount of ~ 125,000.00. Councilmember Brancheau seconded the
motion; the motion carried 5-0 with Mayor Pro Tem Franklin and
Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of
the motion.
Councilmember Brancheau moved to grant Mira Mar Development's
appeal for a refund for installation of extra 16" D.I. water tap in the
amount of X4,500.00. Mayor Pro Tem Franklin seconded the motion; the
motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Faught and Hunt voting in favor of the motion.
Councilmember Faught moved to deny Mira Mar Development's appeal
for a refund for the wall permit and final plat approval in the amount of
~ 123,000.00. Councilmember Brancheau seconded the motion; the
motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Faught and Hunt voting in favor of the motion.
Councilmember Brancheau moved to deny Mira Mar Development's
appeal for a refund for the dedication of 0.147 acres of land in the
amount of X49,000.00. Mayor Pro Tem Franklin seconded the motion;
the motion carried 5-0 with Mayor Pro Tem Franklin and
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Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of
the motion.
Mayor Pro Tem Franklin moved to deny Mira Mar Development's appeal
for a refund for water and sewer impact fees in the amount of
X97,539.00. Councilmember Faught seconded the motion; the motion
carried 5-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Faught and Hunt voting in favor of the motion.
Councilmember Brancheau moved to deny Mira Mar Development's
appeal for a refund for screenwall exterior improvements in the amount
of X35,000.00. Councilmember Peters seconded the motion; the motion
carried 5-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Faught and Hunt voting in favor of the motion.
Councilmember Peters moved to grant Mira Mar Development's appeal
for a refund for attorney's fees i n the amount of X1,800.00.
Councilmember Faught seconded the motion; the motion carried 4-1
with Mayor Pro Tem Franklin and Cou ncilmembers Peters, Faught and
Hunt voting in favor of the motion, and Councilmember Brancheau
voting against the motion.
18. Mayor and Council Reports.
A. Report by Mayor Stover regarding Family Fish to be held
May 9 from 9 am to 1 pm at Andy Brown East.
B. Report by Mayor Stover regarding Education Foundation
dinner on May 5.
A. Mayor Stover reminded the community that Family Fish will be
held on May 9 from 9 a.m. to 1 p.m. at Andy Brown East.
B. Mayor Stover reported that May 5 is the Education Foundation
Dinner. The Teacher of the Year for each campus will be
announced.
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.
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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 Faught reported for Councilmember Tunnell that
the Ranchview students advanced to the UIL State competition.
New breakfast and lunch rates are set for next year, as are new
immunizations. The first day of school is August 24. Finally,
Coppell residents can vote on LISD election issues at the Lewisville
City Hall.
B. Councilmember Peters congratulated the Coppell High School Girls
Soccer Team on their State Championship. The team was honored
at the School Board meeting. Teen Leadership Coppell is accepting
applications for sophomores through May 11. Applications are
available on the CISD or Chamber of Commerce website. Project
Graduation is looking for additional donations from the
community. See the Project Graduation website for more
information. Finally, CISD is holding a Bond Election on May 9.
C. Councilmember Faught announced May 6 from 8:30-10 a.m. is
"Learn How to Use your Cell Phone/Camera" at NTHS. The
Mother's Day Tea is May 8. Wear your favorite hat and bring your
favorite tea cup and pot. May 14 is Ranger Game Day for
"Mature Texans Day." May 26 is the trip to the Dallas World
Aquarium and May 27 is the Celebrate May Birthdays Luncheon.
D. Nothing to report.
E. Nothing to report.
F. Nothing to report.
G. Councilmember Faught reported for Councilmember Tunnell that
RHD will announce the new name for the hospital on May 14. On
May 14, Trinity Medical Center will become a Baylor facility.
H. Nothing to report.
I. Nothing to report.
J. Councilmember Hunt stated Metrocrest Social Services is booming
in the employment assistance area. They are also looking at a pilot
program for children to have lunches during the summer months.
MSS will team up two elementary schools with a church in the
Carrollton area.
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K. Councilmember Peters announced the General Assembly meeting
will be June 12 at the DFW Hyatt.
L. Mayor Pro Tem Franklin stated the last meeting held was April 11
and the next meeting scheduled is June 11.
M. Mayor Pro Tem Franklin announced the Logistics Committee
meeting is April 30. May 1 is the application deadline for
Leadership North Texas. May 21 is the Board of Directors meeting,
and September 22 is the Annual Membership Luncheon at the new
Dallas Cowboy Stadium.
N. Councilmember Faught reported that five teams of 20 participated
in Paddlemania, where Mike Doocey from Fox 4 emceed. Town
North Bank of Farmers Branch won the event. May is Older
Americans Month, and October 12 is the Senior Golf Tournament.
20. Necessary action resulting from Work Session.
There was no action necessary under this item.
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21. Necessary action resulting from Executive Session.
There was no action necessary under this item.
There being no further business to
was adjourned.
the
Council, the meeting
Douglas 1~. S
ATTEST:
Libby Bal ,City Secretary
Mayor
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