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CM 2009-08-11 MINUTES OF AUGUST 11, 2009 The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 11, 2009, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Jayne Peters, Mayor Tim Brancheau, Councilmember Bob Mahalik, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Councilmember Hinojosa-Flores and Mayor Pro Tern Hunt were absent. Also present were City Manager Clay Phillips, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Peters 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 551.087, Texas Government Code - Economic Development Negotiations. 1. ED Prospects south of Bethel Road, west of Freeport Parkway. 2. ED Prospects north of Southwestern Boulevard, east of Freeport Parkway. 3. ED Prospects north of Bethel Road, east of S. Coppell Road 4. ED Prospects south of Bethel Road, west of S. Coppell Road. Mayor Peters convened into Executive Session at 5:46 p.m. Mayor Peters adjourned the Executive Session at 6: 19 p.m. and opened the Work Session. cm081109 Page 1 of 10 (Open to the Public) WORK SESSION 3. Convene Work Session A. Discussion regarding the Facilities Use Policy. B. Discussion regarding the Annual Review of the written Investment Policy. C. Discussion regarding the Animal Services Ordinance. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Pastor Dale Patterson of Hackberry Creek Church led those present in the Invocation. 6. Pledge of Allegiance. Mayor Peters led those present in the Pledge of Allegiance. 7. Citizens' Appearances. 1) Elizabeth Haddock, 400 Parkview Place, spoke in opposition to the tax rate increase. 2) Noble Fortson, 224 Plantation Dr., spoke regarding the tax rate. 3) Yolanda Cassity, 706 Armstrong, spoke regarding construction at the Chateaus. 4) Paul Rothe, 722 Armstrong, spoke regarding the Toll Brothers construction. 5) Barb Schmidt, 622 Pheasant, spoke against the tax rate. 6) Jack Simmons, 600 Brookshire, spoke regarding the theater and their proposed open house. 7) Rick Plotsky, 726 Armstrong, spoke against the Toll Brothers construction. 8) Felix Erfe, 718 Armstrong, spoke against the Toll Brothers construction. 9) Michael Erfe, 718 Armstrong, spoke against the Toll Brothers construction. cm081109 Page 2 of 10 10) Bruce Bradford, 183 Newport Dr., spoke against the proposed tax rate and expressed his frustration with Sandy Lake Road not being completed. 11) Joe Shirley, 582 Villawood Ln., spoke regarding the Old Town proposal. 12) Bob Cleavenger, 509 Graham, spoke against the proposed tax rate. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: July 28, 2009. B. Consider approval of accepting the resignation of Brent Wooten from the Keep Coppell Beautiful Board. C. Consider approval of a Resolution repealing in their entirety all resolutions relating to the Community Red Cross Committee, and authorizing the Mayor to sign. D. Consider approval of a Resolution authorizing the use of Community Development Block Grant funds from FY 2009 in the amount of $56,401.00 as well as carryover funding from a previously completed project in the amount of $1,769.26, for a total of $58,170.26, for the installation of American with Disabilities Act compliant automatic doors at the Justice Center and Town Center facilities, and authorizing the Mayor to sign and execute any necessary documents. E. Consider approval of an ordinance amending Article 8-3 Parking, Section 8-3-1(A) of the Code of Ordinances for the City of Coppell to prohibit parking, stopping, or standing on school days, Monday through Thursday between 7:00 a.m. and 9:00 a.m. and between 2:30 p.m. and 4:30 p.m., and on Friday between 7:00 a.m. and 9:00 a.m. and between 12:00 p.m. and 2:00 p.m., on the west side of London Way from Sandy Lake Road to a point 300 feet north of the north curb line of Westbury Drive, and authorizing the Mayor to sign. cm081109 Page 3 of 10 F. Consider approval of an Ordinance amending the Code of Ordinances for the City of Coppell Chapter 8, Article 1, Section 4, School Zone Speed, to establish the maximum prima facie speed limit for a designated school zone on Heartz Road, beginning 322 feet south of the curb line of Sandy Lake Road to 33 feet north of the curb line of Westbury Drive; and authorizing the Mayor to sign. G. Consider approval of the annual review of the written Investment Policy of the City of Coppell as provided by the Public Funds Investment Act, Chapter 2256, Texas Government Code. H. Consider approval of an Ordinance of the City of Coppell, Texas, amending Chapter 9, "General Regulations" by amending Section 9-1-8, "Animal Appeals and Advisory Board", by removing Chapter 826 (Rabies Control Act of 1981) and replacing it with Chapter 823 (Animal Shelters); and authorizing the Mayor to sign. I. Consider approval of an Ordinance of the City of Coppell, Texas, amending Chapter 3 of the Code of Ordinances by amending article 5-9, Scavenging Prohibited; to delete all references to an authorized employee and replace with City Manager and his designee and to delete all references to the Sanitation Department; and authorizing the Mayor to sign. J. Consider approval of a 90-day extension to the expiration date of August 11, 2009 for the Coppell Office Village, Lot 1, Block A, Replat, a replat to relocate and revise building lines, fire lanes and easements to allow the development of an office building on 2.02 acres of land located along the south side of S.H. 121, approximately 400 feet east of Denton Tap Road. K. Consider approval of an Ordinance for Case No. PD-243-R, Metrocrest Community Church, a zoning change from R (Retail) to PD-243-R (Planned Development-243-Retail), to allow the construction of a 7,419-square-foot church with a future expansion area of 7,168 square feet on 1.99 acres cm081109 Page 4 of 10 of property located on the south side of E. Sandy Lake Road, approximately 220 feet east of Riverview Drive and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C carrying Resolution No. 2009-0811.1, D carrying Resolution No. 2009-0811.2, E carrying Ordinance No. 2009-1232, F carrying Ordinance No. 2009-1233, G, H carrying Ordinance No. 2009-1234, I carrying Ordinance No. 2009-1235, J and K carrying Ordinance No. 91500-A-531. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Mahalik, Tunnell, Faught and Franklin voting in favor off the motion. 9. PUBLIC HEARING: To receive public comment concerning the proposed 2009- 2010 Budget for the Coppell Crime Control and Prevention District. Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. Public Hearing: Mayor Peters opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Tunnell moved to close Councilmember Mahalik seconded the motion; with Councilmembers Brancheau, Mahalik, Franklin voting in favor off the motion. the Pu blic Hearing. the motion carried 5-0 Tunnell, Faught and 10. To approve the proposed 2009-2010 Budget for the Coppell Crime Control and Prevention District. cm081109 Page 5 of 10 Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. Action: Councilmember Franklin moved to approve the proposed 2009-2010 Budget for the Coppell Crime Control and Prevention District. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Mahalik, Tunnell, Faught and Franklin voting in favor off the motion. 11. Consider approval of the certification of the 2009 anticipated collection rate for the period of July 1, 2009 through June 30, 2010, and the amount of excess debt collections during the period of July 1, 2008 through June 30, 2009. Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. Action: Councilmember Franklin moved to approve the certification of the 2009 anticipated collection rate for the period of July 1, 2009 through June 30, 2010, and the amount of excess debt collections during the period of July 1,2008 through June 30,2009. Councilmember Faught seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Mahalik, Tunnell, Faught and Franklin voting in favor off the motion. 12. Consider approval of a proposed tax rate of 0.69146 for the 2009 tax year and to set the Public Hearings on the proposed tax rate for the next regularly scheduled Council Meeting on August 25, 2009 at 7:30 P.M. and a Special called meeting on September 1, 2009 at 6:00 P.M. Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. cm081109 Page 6 of 10 Action: Councilmember Faught moved to approve a proposed tax rate of 0.69146 for the 2009 tax year and to set the Public Hearings on the proposed tax rate for the next regularly scheduled Council Meeting on August 25, 2009 at 7:30 P.M. and a Special called meeting on September 1, 2009 at 6:00 P.M. Councilmember Mahalik seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Mahalik, Tunnell, Faught and Franklin voting in favor off the motion. 13. Presentation regarding the Old Coppell development project. Presentation: Clay Phillips, City Manager, made opening comments. Ken Griffin, Director of Engineering and Public Works, made a presentation to Council. Matt Steer, Planner, made a presentation to Council. Brad Reid, Director of Parks and Recreation, made a presentation to Council. Greg Yancy, Development Partner, made a presentation to Council. 14. Consider approval of a Professional Services Agreement with Brinkley Sargent Architects, in the amount of $521,745.00, for design and construction administration services related to an expansion of the Coppell Aquatics and Recreation Center, and authorizing the President of the Coppell Recreation Development Corporation and the City Manager to sign the necessary documents. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to Council. cm081109 Page 7 of 10 Action: Councilmember Tunnell moved to approve a Professional Services Agreement with Brinkley Sargent Architects, in the amount of $521,745.00, for design and construction administration services related to an expansion of the Coppell Aquatics and Recreation Center, and authorizing the President of the Coppell Recreation Development Corporation and the City Manager to sign the necessary documents. Councilmember Franklin seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Mahalik, Tunnell, Faught and Franklin voting in favor off the motion. 15. Consider approval of a Resolution authorizing the city staff to create a Facility Rental Policy which stipulates fees for rental of city facilities, acceptable uses, security measures, city and renter responsibilities, and rules regarding the service and consumption of alcohol, and authorizing the Mayor to sign the Resolution. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to Council. Action: Councilmember Mahalik moved to approve Resolution No. 2009-0811.3 authorizing the city staff to create a Facility Rental Policy which stipulates fees for rental of city facilities, acceptable uses, security measures, city and renter responsibilities, and rules regarding the service and consumption of alcohol, and authorizing the Mayor to sign the Resolution. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Mahalik, Tunnell, Faught and Franklin voting in favor off the motion. 16. Consider approval of a Professional Services Agreement with Kimley-Horn and Associates, Inc., in the amount of $125,000.00, for design and construction administration services related to an expansion of the Wagon Wheel Tennis Center, and authorizing the President of the Coppell cm081109 Page 8 of 10 Recreation Development Corporation and the City Manager to sign the necessary documents. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to Council. Action: Councilmember Franklin moved to approve a Professional Services Agreement with Kimley-Horn and Associates, Inc., in the amount of $125,000.00, for design and construction administration services related to an expansion of the Wagon Wheel Tennis Center, and authorizing the President of the Coppell Recreation Development Corporation and the City Manager to sign the necessary documents. Councilmember Faught seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Mahalik, Tunnell, Faught and Franklin voting in favor off the motion. 17. City Manager's Report. A. Project Update and Future Agendas. A. Clay Phillips, City Manager, announced Kimbel Kourt was now open ahead of schedule. Southwestern Boulevard is set to begin construction soon. On August 17, Commissioner Mayfield will host a Town Hall meeting in Council Chambers. On August 25, Michael Morris, NCTCOG, will be here to talk about the Cottonbelt and DART projects. Other items for discussion on August 25 include: an extension of the Northlake Agreement, the au thorization of painting the sounds walls along SH 121, an alternative fence material presentation, a Public Hearing on the Budget and Tax Rate and discussion on Old Coppell. September 1 will be the Public Hearing for the Budget and Tax Rate. September 8 will be the adoption of the Budget. Finally, the cities ofIrving and Coppell will be hosting a TML Region 13 Dinner at the Irving Center for the Performing Arts on September 16. 18. Necessary action resulting from Work Session. There was no action necessary under this item. cm081109 Page 9 of 10 19. Necessary action resulting from Executive Session. ATTEST: There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. mss yn Peters, Mayor cm081109 Page 10 of 10