CM 2009-08-25MINUTES OF AUGUST 25, 2009
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, August 25, 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
Karen Hunt, Mayor Pro Tem
Tim Brancheau, Councilmember
Bob Mahalik, Councilmember
Brianna Hinojosa Flores, Councilmember
Marsha Tunnell, Councilmember (late arrival)
Billy Faught, Councilmember
Marvin Franklin, Councilmember
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 551.071, Texas Government Code Consultation
with City Attorney.
1. Discussion regarding the Northlake Settlement.
Mayor Peters convened into Executive Session at 5:53 p.m. Mayor Peters
adjourned the Executive Session at 6:10 p.m. and opened the Work
Session.
Councilmember Tunnell arrived during Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Presentation by Michael Morris regarding DART.
B. Discussion regarding the S. H. 121 Sound Walls.
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C. Discussion regarding the Oak Fest Celebration and the
Facilities Use Policy.
D. Presentation by staff regarding Alternative Fence
Materials.
E. Discussion regarding the Noise Ordinance.
F. Presentation of Monument honoring Fallen Police
Officers.
G. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Pastor Rod Collver, Living Hope Church, led those present in the
Invocation.
6. Pledge of Allegiance.
Mayor Peters led those present in the Pledge of Allegiance.
7. Report by the Library Board.
Jennifer Johnson made the Board's semi annual report.
8. Consider approval of a proclamation naming September 7,
2009 as MDA Day, and authorizing the Mayor to sign.
Presentation:
Action:
Mayor Peters read the Proclamation for the record and presented the
same to Fire Chief Kevin Richardson.
Councilmember Tunnell moved to approve a proclamation naming
September 7, 2009 as MDA Day, and authorizing the Mayor to sign.
Councilmember Franklin seconded the motion; the motion carried 7 -0
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with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik,
Hinojosa Flores, Tunnell, Faught and Franklin voting in favor of the
motion.
9. Consider approval of a proclamation naming September 6 -12,
2009 as National Payroll Week, and authorizing the Mayor to
sign.
Presentation:
Action:
Mayor Peters read the Proclamation for the record and presented the
same to Donna Jenkins and Mechel Griffith.
Councilmember Franklin moved to approve a proclamation naming
September 6 -12, 2009 as National Payroll Week, and authorizing the
Mayor to sign. Mayor Pro Tem Hunt seconded the motion; the motion
carried 7 -0 with Mayor Pro Tem Hunt and Councilmembers Brancheau,
Mahalik, Hinojosa Flores, Tunnell, Faught and Franklin voting in favor of
the motion.
10. Citizens' Appearances.
1. Tressa Broadhead, 453 Hidden Vallen, spoke regarding the Animal
Services Ordinance; and
2. Rod Collver, 204 Simmons, spoke regarding alcohol in the City
Parks.
CONSENT AGENDA
11. Consider approval of the following consent agenda items:
A. Consider approval of minutes: August 11, 2009.
B. Consider approval of authorizing the City Manager to
negotiate an Interlocal Agreement with the North Texas
Tollway Authority allowing for the painting of the 121
Sound Walls at no expense to the City of Coppell and
authorizing the Mayor to sign the Interlocal Agreement.
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Item D:
Action:
C. Consider approval of awarding Bid #Q- 0109 -01 Vehicle
Exhaust Removal /Filtration System grant to Air
Technology Solutions, Inc. in the amount of $106,045.00;
and authorizing the City Manager to sign.
D. Consider approval of an ordinance amending the Code of
Ordinances of the City of Coppell, Texas, as amended, by
amending Article 6 -16, Alcoholic Beverages, Section 6 -16-
4, City Facilities, to add Subsection "C to provide for a
permit to consume, possess or sell alcoholic beverages in
certain city facilities; providing for the City Manager to
establish rules and regulations concerning the granting of
the permit; and authorizing the Mayor to sign.
E. Consider approval of an ordinance approving a negotiated
settlement with Atmos Energy Corp., Mid -Tex Division,
regarding the Rate Review Mechanism filing and finding
the attached Tariffs implementing new rates within the
corporate city limits of the City of Coppell are just and
reasonable; and authorizing the Mayor to sign.
Item D was pulled to be considered separately.
Items A, B, C and E:
Action:
Councilmember Faught moved to approve Consent Agenda Items A, B, C
and E carrying Ordinance No. 2009 -1237. Councilmember Brancheau
seconded the motion; the motion carried 7 -0 with Mayor Pro Tem Hunt
and Councilmembers Brancheau, Mahalik, Hinojosa Flores, Tunnell,
Faught and Franklin voting in favor of the motion.
Councilmember Tunnell moved to approve Consent Agenda Item D
carrying Ordinance No. 2009 -1236. Councilmember Faught seconded
the motion; the motion carried 6 -1 with Mayor Pro Tem Hunt and
Councilmembers Brancheau, Mahalik, Tunnell, Faught and Franklin
voting in favor of the motion and Councilmember Hinojosa Flores voting
against the motion.
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12. PUBLIC HEARING:
To receive public comment concerning the proposed 2009-
2010 Municipal Budget.
Presentation:
Jennifer Miller, Finance Director, made a presentation to the Council.
Public Hearing:
Action:
Mayor Peters opened the Public Hearing and asked for those persons
wishing to speak:
1. Dave Capps, 542 Rolling Hills, spoke against the proposal;
2. Robert Key, 204 Steamboat, spoke against the proposal;
3. Al Enlow, 1514 Pebble Creek, spoke against the proposal;
4. Steve Berens, 328 Woodhurst, spoke against the proposal;
5. Mark Wolfe, 763 Lexington, spoke against the proposal;
6. Ivan Lackler, 1319 Westchester, spoke against the proposal;
7. Mike Wilcox, 910 Mallard, spoke against the proposal;
8. Janet Green, 30 Winding Hollow, spoke against the proposal;
9. Barb Schmidt, 622 Pheasant Lane, spoke against the proposal;
10. Darien Hall, 836 Blue Jay, spoke against the proposal;
11. Bob Finken, 1032 Basilwood, spoke against the proposal;
12. Pat Kernan, 724 Robin, spoke against the proposal;
13. Jeff Berger, 622 DeForest Court, spoke against the proposal;
14. Bob Green, 30 Winding Hollow, spoke against the proposal;
15. Diana Raines, 616 Bethel School Road, spoke against the proposal;
16. Tom Guidry, 771 Pelican Lane, spoke against the proposal;
17. Jack Simmons, 600 Brookshire, spoke against the proposal;
18. Nicholas Osmond, 410 Gifford, spoke against the proposal;
19. Marge Wick, 523 Lee Drive, spoke against the proposal;
20. Charles Wick, 523 Lee Drive, spoke against the proposal; abd
21. Linda Airey, 331 Gifford, spoke against the proposal.
Mayor Pro Tem Hunt moved to close the Public Hearing. Councilmember
Mahalik seconded the motion; the motion carried 7 -0 with Mayor Pro
Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa Flores,
Tunnell, Faught and Franklin voting in favor of the motion.
A short recess was held at this time.
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13. PUBLIC HEARING:
To receive public comment concerning the proposed 2009-
2010 tax rate of 0.69146.
Presentation:
Jennifer Miller, Finance Director, made a presentation to the Council.
Public Hearing:
Action:
Mayor Peters opened the Public Hearing and asked for those persons
wishing to speak:
1. Nick Brunos, 336 Cedar Crest, spoke against the proposal;
2. Julie Woodward, 180 Park Valley, spoke against the proposal;
3. Chris Ruska, 233 Chestnut, spoke against the proposal;
4. Frank Kretzschmar, 110 Mapleleaf, spoke against the proposal;
5. Cliff Long, 776 Crestview Court, spoke against the proposal;
6. Gail Modic, 806 East Bethel School Road, spoke against the
proposal;
7. C. W. St. John, 740 Robin, spoke against the proposal;
8. Brad Masters, 200 Plantation, spoke against the proposal;
9. Jerry Coker, 345 Westlake, spoke against the proposal;
10. Bob O'Conner, 116 Sand Point Court, spoke against the proposal;
11. Melissa Raetzman, 641 W. Penninsula, spoke against the proposal;
12. David Vonzurmuehhler, 301 Forestcrest, spoke against the
proposal;
13. Jostes Fernandez, 651 Allen Road, spoke against the proposal;
14. Julie Marshall, 934 Laguna Drive, spoke against the proposal; and
15. Gene Mason, 533 Brookcrest, spoke against the proposal.
Councilmember Hinojosa- Flores moved to close the Public Hearing.
Councilmember Brancheau seconded the motion; the motion carried 7 -0
with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik,
Hinojosa- Flores, Tunnell, Faught and Franklin voting in favor of the
motion.
A short reces was held at this time.
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14. 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, Finance Director, made a presentation to the Council.
Action:
Councilmember Brancheau moved to approve Ordinance No. 2009 -1238
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 Hunt seconded the
motion; the motion carried 7 -0 with Mayor Pro Tem Hunt and
Councilmembers Brancheau, Mahalik, Hinojosa Flores, Tunnell, Faught
and Franklin voting in favor of the motion.
15. Consider approval of a resolution authorizing At Your Service
Catering and Event Planning as the single vendor for alcohol
sales at Oak Fest 2009, implement a $1,000.00 permit fee,
authorize the City Manager to execute the necessary permit
documents, and authorizing the Mayor to sign the resolution.
Presentation:
Brad Reid, Director of Parks, made a presentation to the Council.
Action:
Councilmember Faught moved to approve Resolution No. 2009 0825.1.
Councilmember Mahalik seconded the motion; the motion carried 5 -2
with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik,
Tunnell and Faught voting in favor of the motion and Councilmembers
Hinojosa Flores and Franklin voting against the motion.
16. City Manager's Report.
A. Project Update and Future Agendas.
A. City Manager Clay Phillips reported a number of road construction
projects are currently underway, or will be starting soon. The final
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concert for the Music in the Plaza series is August 25. It has been
a success for its first year. Finally, the public meeting on Old
Coppell was held on August 18 and was well- received.
17. Council Committee Reports.
A. Carrollton /Farmers Branch ISD /Lewisville ISD Tunnell
B. Coppell ISD Mahalik and Hinojosa- Flores.
C. Coppell Seniors Brancheau and Faught.
D. Dallas Regional Mobility Coalition Peters and Hunt.
E. DFW Airport Board Peters.
F. International Council for Local Environmental Initiatives
(ICLEI) Brancheau
G. Metrocrest Hospital Authority Tunnell.
H. Metrocrest Medical Foundation Mahalik.
I. Metrocrest Medical Services Hinojosa- Flores.
J. Metrocrest Social Services Franklin.
K. North Texas Council of Governments Tunnell.
L. NTCOG /Regional Emergency Management Faught.
M. North Texas Commission Hunt.
N. Senior Adult Services Franklin.
A. Councilmember Tunnell reported CFBISD will hold a Public
Hearing for the school budget on August 27. A special election for
the School Board will be held on November 3, with the candidate
deadline on August 28.
B. Councilmember Mahalik announced that Coppell ISD started
school on August 24 with 9,823 students this year. CISD
maintained their Recognized rating and the Class of 2009 has the
highest SAT scores in the history of CISD.
C. Councilmember Faught informed Council that the Coppell Seniors
will be having a Grandparents Luncheon on September 9 and a
Mexican Fiesta on September 14. The Gadabouts will be touring
the Dallas Cowboy Stadium, Granbury Historic Square and the Old
Red Museum this month. Finally, trips to Paragon Casino and
Marchville are scheduled for the end of September.
D. Nothing to report.
E. Nothing to report.
F. Nothing to report.
G. Nothing to report.
H. Nothing to report.
I. Nothing to report.
J. Nothing to report.
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18. Necessary action resulting from Work Session.
Action:
Action:
K. Nothing to report.
L. Nothing to report.
M. Mayor Pro Tem Hunt reported that the inaugural leadership class
for North Texas Commission has been selected. The annual
luncheon will be held on September 22 at the Dallas Cowboy
Stadium.
N. Councilmember Franklin announced the Tee It Up for Seniors Golf
Tournament will be held on October 12 at the Indian Creek Golf
Club. Also, Senior Adult Services has acquired their new
headquarters.
There was no action necessary under this item.
19. Necessary action resulting from Executive Session.
Councilmember Brancheau moved to approve the 5th Amendment to the
Contract of Purchase and Sale in lieu of eminent domain by and between
the City of Coppell and Cypress Water Land A, Ltd. to effect the real
estate closing the North Sliver Tract on or before October 31, 2009,
which will assist in facilitating the 10,000 unit cap on the North Lake
Development, and authorizing the City Manager to sign. Mayor Pro Tem
Hunt seconded the motion; the motion carried 7 -0 with Mayor Pro Tem
Hunt and Councilmembers Brancheau, Mahalik, Hinojosa Flores,
Tunnell, Faught and Franklin voting in favor of the motion.
Councilmember Mahalik moved to approve the 4th Amendment to the
settlement agreement by and between the City of Coppell and Billingsley
Development Corporation to secure the Utility Commitment Agreement
from the date August 31, 2009 to October 31, 2009, and to seek securing
the Utility Commitment after October 31, 2009 which would permit the
Developer, CWLA, Ltd., to consider the imposition of the density cap of
10,000 units on the North Lake Development, on or before January 31,
2009, and authorize the City Manager to sign. Councilmember Franklin
seconded the motion; the motion carried 7 -0 with Mayor Pro Tem Hunt
and Councilmembers Brancheau, Mahalik, Hinojosa- Flores, Tunnell,
Faught and Franklin voting in favor of the motion.
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There being no further business to come before the City Council, the meeting
was adjourned.
ATTEST:
Libby Ball, ecretary
Jay Pefers, Mayor
or Y
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