CM 2009-10-271. Call to order.
MINUTES OF OCTOBER 27, 2009
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, October 27, 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 (late arrival)
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Marvin Franklin, Councilmember (late arrival)
Also present were City Manager Clay Phillips, City Secretary Libby Ball and
City Attorney Robert Hager.
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
Agreement.
2. Discussion with City Attorney regarding signage.
B. Section 551.087, Texas Government Code Economic
Development Negotiations.
1. ED Prospect West of Royal Lane and South of
Northpoint.
2. Oil and Gas lease north of Ruby Road and south of
Sandy Lake Road.
C. Section 551.074, Texas Government Code Personnel
Matters.
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1. Discussion regarding the City Manager Evaluation
Process.
Councilmember Franklin arrived prior to convening Executive Session.
Mayor Peters convened into Executive Session at 5:44 p.m. Mayor Peters
recessed the Executive Session at 6:01 p.m. and opened the Work
Session.
Councilmember Hinojosa Flores arrived during Executive Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Presentation regarding the Community -wide Trail
Implementation Plan.
B. Discussion regarding the proposed Outside Storage
Ordinance.
C. Discussion regarding the proposed Noise Ordinance.
D. Discussion regarding the proposed Solicitor Ordinance,
E. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Councilmember Franklin led those present in the Invocation.
6. Pledge of Allegiance.
Christopher Griffiths and Waylon Thorton led those present in the Pledge
of Allegiance.
7. Consider approval of a proclamation honoring Eagle Scout
Christopher Avery Griffiths, and authorizing the Mayor to sign.
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Presentation:
Action:
Action:
Mayor Peters read the Proclamation for the record and presented the
same to Christopher Avery Griffiths.
Councilmember Franklin moved to approve a proclamation honoring
Eagle Scout Christopher Avery Griffiths, 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.
8. Consider approval of a proclamation naming the week of
October 23 through October 31, 2009 as Red Ribbon Week, and
authorizing the Mayor to sign.
Presentation:
Mayor Peters read the Proclamation for the record and presented the
same to Officer R. J. Harr, Captain Tony Pletcher and McGruff.
Councilmember Tunnell moved to approve a proclamation naming the
week of October 23 through October 31, 2009 as Red Ribbon Week, and
authorizing the Mayor to sign. Councilmember Hinojosa Flores 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.
9. Consider approval of a proclamation naming the week of
November 2, 2009 November 6, 2009 as Municipal Courts
Week, and authorizing the Mayor to sign.
Presentation:
Mayor Peters read the Proclamation for the record and presented the
same to the Honorable Marian Moseley and the Honorable Kim Nesbitt.
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Action:
Councilmember Hinojosa Flores moved to approve a proclamation
naming the week of November 2, 2009 November 6, 2009 as Municipal
Courts Week, and authorizing the Mayor to sign. Councilmember
Faught 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. Annual State of the Court Address presented by the Honorable
Marian Moseley.
Judge Moseley gave the annual State of the Court address to the
Council.
11. Report by Park Board.
Jack Clark, Park Board Secretary, made the Board's Semi annual report
to Council.
12. Citizens' Appearances.
Mayor Peters advised no one signed up to speak.
CONSENT AGENDA
13. Consider approval of the following consent agenda items:
A. Consider approval of minutes: October 13, 2009.
B. Consider approval to authorize the William T. Cozby
Public Library to purchase library materials from
contracted vendors, on an annual basis, as budgeted via
the State of Texas Term Contract 715 -N1 -Print Materials
and Multimedia (Electronic and Recorded) Multi
Language and authorize the City Manager to execute any
necessary documents.
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Action:
Councilmember Tunnell moved to approve Consent Agenda Items
A and B. 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.
14. Consider the approval of an ordinance amending the code of
ordinances Chapter 9, Article 9 -2, "Fence Regulations by
amending Section 9 -2 -1, "Definition by adding a definition for
composite; by amending section 9 -2 -7, "Materials, orientation
and colors by amending subsection (A) to permit composite
fencing material, by amending subsection (B) to provide for
permitted colors, and by adding subsection (C) to provide
regulations for composite fences; and, by adding section 9 -2-
11, to provide for enforcement; and authorizing the Mayor to
sign.
Presentation:
Michael Arellano, Chief Building Official, made a presentation to Council.
Action:
Councilmember Tunnell moved to approve Ordinance No. 2009 -1242
amending the code of ordinances Chapter 9, Article 9 -2, "Fence
Regulations by amending Section 9 -2 -1, "Definition by adding a
definition for composite; by amending section 9 -2 -7, "Materials,
orientation and colors by amending subsection (A) to permit composite
fencing material, by amending subsection (B) to provide for permitted
colors, and by adding subsection (C) to provide regulations for composite
fences; and, by adding section 9 -2 -11, to provide for enforcement; and
authorizing the Mayor to sign. 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.
15. Consider the approval of an ordinance amending Article 9 -13,
"Anti -noise Code by changing the title to "Loud and
disturbing noise and vibrations" and by amending section 9 -13-
2 by providing for vibrations and specifics acts presume
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offensive to ordinary inhabitants; and, by adding subsection (I)
providing permitted hours and days for construction activity;
and subsection (J) providing for the operation of sound
equipment; and authorizing the Mayor to sign.
Presentation:
Michael Arellano, Chief Building Official, made a presentation to Council.
Action:
Councilmember Franklin moved to approve Ordinance No. 2009 -1243
amending Article 9 -13, "Anti -noise Code by changing the title to "Loud
and disturbing noise and vibrations" and by amending section 9 -13 -2 by
providing for vibrations and specifics acts presume offensive to ordinary
inhabitants; and, by adding subsection (I) providing permitted hours
and days for construction activity; and subsection (J) providing for the
operation of sound equipment; and authorizing the Mayor to sign.
Mayor Pro Tem Hunt seconded the motion; the motion carried 6 -1 with
Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik,
Hinojosa Flores, Faught and Franklin voting in favor of the motion and
Councilmember Tunnell voting against the motion.
16. Consider approval of an ordinance of the City of Coppell,
Texas, amending Article 6 -2, "Peddlers and Solicitors by
repealing Section 6 -2 -12, "Handbills on Public Property," and
replacing it with a new Section 6 -2 -12, prohibiting handbills on
public property and regulating the distribution and placement
of handbills on private property; and authorizing the Mayor to
sign.
Presentation:
Roy Osborne, Police Chief, made a presentation to Council.
Action:
Councilmember Faught moved to approve Ordinance No. 2009 -1244 of
the City of Coppell, Texas, amending Article 6 -2, "Peddlers and
Solicitors by repealing Section 6 -2 -12, "Handbills on Public Property,"
and replacing it with a new Section 6 -2 -12, prohibiting handbills on
public property and regulating the distribution and placement of
handbills on private property with revisions; and authorizing the Mayor
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to sign. Councilmember Franklin seconded the motion; the motion
carried 6 -1 with Mayor Pro Tem Hunt and Councilmembers Mahalik,
Hinojosa Flores, Tunnell, Faught and Franklin voting in favor of the
motion and Councilmember Brancheau voting against the motion.
17. Consider approval of the Final Draft of the Community Wide
Trail Implementation Plan.
Presentation:
John Elias, Parks Operation Manager, made a presentation to Council.
Action:
Councilmember Faught moved to approve the Final Draft of the
Community Wide Trail Implementation Plan. 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.
18. Consider approval of a variance to the Code of Ordinances,
Section 6 -14 -5 B and the Subdivision Ordinance, Section 13,
Appendix C, Section V, concerning the requirement for
placement of underground utilities.
Presentation:
Ken Griffin, Director of Engineering, made a presentation to Council.
Chris Bigham, representing Fiberlite, addressed questions of Council.
EXECUTIVE SESSION (Closed to the Public)
A. Section 551.071, Texas Government Code
with City Attorney.
Mayor Peters convened into Executive Session at 9:23 p.
adjourned the Executive Session at 9:38 p.m.
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Consultation
m. Mayor Peters
REGULAR SESSION (Open to the Public)
Action:
Councilmember Tunnell moved to deny a variance to the Code of
Ordinances, Section 6 -14 -5 B and the Subdivision Ordinance, Section
13, Appendix C, Section V, concerning the requirement for placement of
underground utilities. Motion died for lack of a second.
Councilmember Brancheau moved to approve a variance to the Code of
Ordinances, Section 6 -14 -5 B and the Subdivision Ordinance, Section
13, Appendix C, Section V, concerning the requirement for placement of
underground utilities, subject to the following conditions:
1. Lines must be buried underground at the following locations: West
Bethel Road at Royal Lane; West Bethel Road between Royal Lane
and Freeport; Southwestern Boulevard at South Coppell Road and
Denton Tap between Braewood and Sandy Lake Road;
2. Minimum clearances as prescribed by either state law or Oncor
regulation on sag and pole connections with no wires being lower
than 12 feet;
3. Wires will run only along existing line configuration; and
4. No new poles will be installed.
Councilmember Franklin seconded the motion; the motion carried 6 -1
with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik,
Hinojosa Flores, Faught and Franklin voting in favor of the motion and
Councilmember Tunnell voting against the motion.
19. City Manager's Report.
A. Project Update and Future Agendas.
A. City Manager Clay Phillips reminded Council of the Joint Meeting
scheduled for November 4 at the Library with the Planning and
Zoning Commission and the Economic Development Committee.
Gary Sieb, Director of Planning, will have a presentation on the
Comprehensive Land Use Plan Process and Mindi Hurley,
Economic Development Coordinator, will have a presentation on
our current incentives, incentive packages we are considering, as
well as those available in the Old Coppell section of town. The
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Parks and Recreation Department is hosting a Dive -In Movie on
October 30. The movie features will be Hocus Pocus for the
younger crowd and Jaws for the older crowd. A Veterans Day
Ceremony will be held at Rolling Oaks on November 11 at 3pm.
Gary Sieb, also a veteran, will represent the City and has agreed to
speak.
20. Mayor and Council Reports.
A. Report by Mayor Peters regarding the November 3 rd
Election.
A. Mayor Peters spoke about the election on November 3. Early
voting began on October 19 and will continue through October 30.
There are no early voting locations in Coppell. On Election Day,
Dallas County Coppell residents can vote at Town Center. Denton
County Coppell residents will vote at Lewisville City Hall.
21. Public Service Announcements concerning items of community
interest and no Council action or deliberation is permitted.
Oakfest was held on October 24 and Mayor Peters thanked the Parks and
Recreation Department for all their effort. Also, the CMSN Band filled in
for the High School Band at the football game against Marcus. Mayor
Peters complemented the band's performance and thanked them for their
participation.
22. 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.
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M. North Texas Commission Hunt.
N. Senior Adult Services Franklin.
A. Councilmember Tunnell reported that the CFBISD School Board
election has been canceled. Barbara Bush Middle School is
hosting the Feast of Madrigal Dinner November 5 -6 at 6:30pm.
Mayor Peters visited the 2nd graders at Riverchase Elementary.
The Ridgeview Fall Choir Concert is scheduled for October 28 at
MacArthur Baptist Church. Riverchase Elementary Cici's Night is
November 4.
B. Councilmember Hinojosa Flores announced the Class of 2009 had
the highest SAT scores in the history of CHS. A Discussion on Life
Planning with Special Needs is scheduled for November 3 from 6-
7:30pm at the Brock Center. CHS has a Lecture Hall program on
Cyberbullying scheduled for November 9 from 7- 8:30pm.
November 4 is a Come to the Discussion forum on High School
Graduation Requirements.
C. Councilmember Faught informed Council that the annual
Thanksgiving Luncheon is November 11 at 11:30am. November 19
is Ballroom Dance Lessons from 6- 6:30pm, with dancing following
from 6:30- 8:30pm. Gadabouts will be visiting Greenville, TX to
tour the Audie Murphy Museum on November 5, the Eisenhower
Birthplace State Historic Site in Denison, TX on November 17 and
the Riverwind Casino in Norman, OK on November 30.
D. Mayor Pro Tem Hunt, Mayor Peters, City Manager Clay Phillips and
Ken Griffin, Director of Engineering attended the Cottonbelt
Update presented by NCTCOG to discuss the development and
process.
E. Nothing to report.
F. Nothing to report.
G. Nothing to report.
H. Nothing to report.
I. Nothing to report.
J. Councilmember Franklin reported a mini retreat was held on
October 22 at Carrollton Public Library. Statistics reported a 22%
increase in food distribution, a 14% increase in overall services
and a 9% increase in overall services and food distribution for
Coppell residents alone since 2008.
K. Councilmember Tunnell announced Vision North Texas Regional
Summit will meet January 22. She also attended the focus group
for the One Star Foundation, a CAD program for social service
agencies in order for citizens to locate social service assistance.
L. Nothing to report.
M. Mayor Pro Tem Hunt stated a free webinar will be offered on
November 3 regarding the great economic unraveling of 2008 -2010
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and its impact on the state and the US. Registration is available
on the website.
0. Councilmember Franklin reported Senior Adult Services will move
to their new space at the Texas Hospital for Advanced Pain October
23 -25. They will be up and running November 1 with an Open
House scheduled for December 1 and a Holiday Party on December
12. The Golf Tournament was a success with 140 players.
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
Agreement.
2. Discussion with City Attorney regarding signage.
B. Section 551.087, Texas Government Code Economic
Development Negotiations.
1. ED Prospect West of Royal Lane and South of
Northpoint.
2. Oil and Gas lease north of Ruby Road and south of
Sandy Lake Road.
Mayor Peters reconvened into Executive Session at 10:11 p.m. The
discussion involved Executive Session Items 2. A. 2. and 2. B. 1. and 2.
Mayor Peters recessed the Executive Session at 10:29 p.m.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.074, Texas Government Code Personnel
Matters.
1. Discussion regarding the City Manager Evaluation
Process.
Mayor Peters reconvened into Executive Session at 10:33 p.m. to discuss
Executive Session Item 2. C. Mayor Peters recessed the Executive
Session at 12:10 p.m.
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REGULAR SESSION (Open to the Public)
23. Necessary action resulting from Work Session.
24. Necessary action resulting from Executive Session.
Action:
Action:
There was no action necessary under this item.
Councilmember Brancheau moved to approve a motion for an
amendment to an agreement for an oil and gas lease by and between the
City of Coppell MCGR Operating Inc. leasing such oil and gas rights of
the City of Coppell by adding an additional 35 acres under the same
terms and conditions of the original lease and authorizing the City
Manager to sign. Councilmember Franklin seconded the motion; the
motion carried 6 -1 with Mayor Pro Tem Hunt and Councilmembers
Brancheau, Mahalik, Hinojosa- Flores, Faught and Franklin voting in
favor of the motion and Councilmember Tunnell voting against the
motion.
Mayor Pro Tem Hunt moved to approve Resolution No. 2009 1027.1 of
the City of Coppell, Texas, approving the terms and conditions of the
omnibus amendment to contract of purchase and sale in lieu of eminent
domain, settlement agreement and Northlake Water Supply Planning
Agreement by and between Cypress Waters Land A, Ltd. and the City of
Coppell, and authorizing the City Manager to execute the same, and
providing an effective date. Councilmember Faught 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.
There being no further business to come before the City Council, the meeting
was adjourned.
ATTEST:
Lib y B City Secretary
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