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CM 2010-08-10 MINUTES OF AUGUST 10, 2010 The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 10, 2010, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Bob Mahalik, Mayor Pro Tem Tim Brancheau, Councilmember Brianna Hinojosa-Flores, Councilmember (late arrival) Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Karen Hunt, Councilmember (late arrival) Also present were City Manager Clay Phillips, City Secretary Libby Ball and City Attorney Robert Hager. 1.Call to order. Mayor Pro Tem Mahalik called the meeting to order, determined that a quorum was present and convened into Work Session. Councilmembers Hinojosa-Flores and Hunt arrived prior to convening Work Session. WORK SESSION (Open to the Public) 2.Convene Work Session A.Discussion regarding the annual review of the written Investment Policy. B.Discussion regarding the William Peck Agreement for Architectural Services at the Main Street at Old Coppell Square. C.Discussion regarding possible future TML Resolutions and Legislative Agenda. D.Discussion of Agenda Items. Cm081010 Page 1 of 11 EXECUTIVE SESSION (Closed to the Public) 3.Convene Executive Session A.Section 551.071, Texas Government Code - Consultation with City Attorney. 1.Seek legal advice from the City Attorney concerning the settlement and land purchases agreements with the Billingsleys at Northlake. Mayor Pro Tem Mahalik convened into Executive Session at 6:10 p.m. Mayor Pro Tem Mahalik adjourned the Executive Session at 7:25 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) 4.Convene Regular Session. 5.Invocation. Pastor Rod Collver, Relevant Life Church, led those present in the Invocation. 6.Pledge of Allegiance. Mayor Pro Tem Mahalik led those present in the Pledge of Allegiance. 7.Citizens' Appearances. Mayor Pro Tem Mahalik advised no one signed up to speak. 8.Consider approval of the following consent agenda items: A.Consider approval of minutes: July 27, 2010. B.Consider approval of a Resolution calling a Special Election for November 2, 2010 to fill the vacancy of Mayor, and authorizing the Mayor Pro Tem to sign. Cm081010 Page 2 of 11 C.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. D.Consider approval of an agreement with William Peck & Assoc., Inc., for design services related to site master planning, a pavilion, interactive fountain, a playground area, public restrooms and storage, on the 1.703 acre parcel within the proposed Main Street at Old Coppell development, in the amount of $80,750.00, and authorizing the City Manager to sign. E.Consider approval of Change Order Number 2 to the Bethel Road IIA (ST 03-01A) project in the amount of $98,431.33 for construction of an aerial sewer crossing of Grapevine Creek and minor utility adjustments, as provided for by Water and Sewer operating revenues; and authorizing the City Manager to sign all necessary documents. F.Consider approval of an Ordinance amending the Code of Ordinances, Chapter 8, Article 8-1, Section 8-1-4, to establish the maximum prima facie speed limit for a revised designated school zone on Southwestern Blvd.; providing a severability clause; providing a savings clause; providing a penalty of fine not to exceed the sum of two hundred dollars ($200.00) for each offense; and providing an effective date, and authorizing the Mayor Pro Tem to sign and execute any necessary documents. G.Consider approval of an Ordinance for Case No. S-1093R-C, Taco Bell, a zoning change from S-1093-C (Special Use Permit-1093-Commercial) to S-1093R-C (Special Use Permit- 1093 Revised – Commercial), to permit the addition of a drive-thru entry portal, an order point canopy and the replacement of the existing menu board on approximately one acre of property located at 115 North Denton Tap Road and authorizing the Mayor Pro Tem to sign. H.Consider approval of an Ordinance for Case No. S-1220R-TC, Verizon Wireless, a zoning change request from S-1220-TC Cm081010 Page 3 of 11 (Special Use Permit-1220-Town Center) to S-1220R-TC (Special Use Permit-1220 Revised-Town Center), to allow the replacement of existing telecommunication antennae and the expansion of the equipment cabinet enclosure on property located at 363 North Denton Tap Road in Andy Brown West Park and authorizing the Mayor Pro Tem to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B carrying Resolution No. 2010-0810.1, C, D, E, F carrying Ordinance No. 2010-1253, G carrying Ordinance No. 91500-A-554, and H carrying Ordinance No. 91500-A-555. Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 9.PUBLIC HEARING: To receive public comment concerning the proposed 2010-11 Budget for the Coppell Crime Control and Prevention District. Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. Public Hearing: Mayor Pro Tem Mahalik opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Tunnell moved to close the Public Hearing concerning the proposed 2010-11 Budget for the Coppell Crime Control and Prevention District. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. Cm081010 Page 4 of 11 10.To approve the proposed 2010-11 Budget for the Coppell Crime Control and Prevention District. Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. Action: Councilmember Franklin moved to approve the proposed 2010-11 Budget for the Coppell Crime Control and Prevention District. Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 11.Consider approval of the certification of the 2010 anticipated collection rate for the period of July 1, 2010 through June 30, 2011, and the amount of excess debt collections during the period of July 1, 2009 through June 30, 2010. Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. Action: Councilmember Brancheau moved to approve the certification of the 2010 anticipated collection rate for the period of July 1, 2010 through June 30, 2011, and the amount of excess debt collections during the period of July 1, 2009 through June 30, 2010.Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 12.Consider approval of a proposed tax rate of 0.69046 for the 2010 tax year and to set the Public Hearings on the proposed tax rate for the next regularly scheduled Council Meeting on August 24, 2010 at 7:30 P.M. and a Special called meeting on August 31, 2010 at 6:00 P.M. Cm081010 Page 5 of 11 Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. Action: Councilmember Faught moved to approve the proposed tax rate of 0.69046 for the 2010 tax year and to set the Public Hearings on the proposed tax rate for the next regularly scheduled Council Meeting on August 24, 2010 at 7:30 P.M. and a Special called meeting on August 31, 2010 at 6:00 P.M. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 13.Consider approval of awarding RFP #0096 to New World Systems for the replacement of the City's Municipal Public Administration Software Application in the amount of $475,900 as budgeted and authorizing the City Manager to sign any necessary documents. Presentation: Rick Moore, Director of IS, made a presentation to Council. Action: Councilmember Tunnell moved to approve the awarding of RFP #0096 to New World Systems for the replacement of the City's Municipal Public Administration Software Application in the amount of $475,900 as budgeted and authorizing the City Manager to sign any necessary documents. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 14.PUBLIC HEARING: To consider establishing the City's participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, providing incentives, designating a liaison for communication with interested parties, and nominating The Container Store, Inc. to the Office of the Governor Economic Development & Tourism Cm081010 Page 6 of 11 (EDT) through an Economic Development Bank (Bank) as an enterprise project. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Public Hearing: Mayor Pro Tem Mahalik opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Franklin moved to close the Public Hearing and approve the establishment of the City's participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, providing incentives, designating a liaison for communication with interested parties, and nominating The Container Store, Inc. to the Office of the Governor Economic Development & Tourism (EDT) through an Economic Development Bank (Bank) as an enterprise project. Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa- Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 15.Consider approval of an Ordinance establishing the City's participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, providing incentives, designating a liaison for communication with interested parties, and nominating The Container Store to the Office of the Governor Economic Development & Tourism (EDT) through an Economic Development Bank (Bank) as an enterprise project, and authorizing the Mayor Pro Tem to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Cm081010 Page 7 of 11 Action: Councilmember Hunt moved to approve Ordinance No. 2010-1254 establishing the City's participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, providing incentives, designating a liaison for communication with interested parties, and nominating The Container Store to the Office of the Governor Economic Development & Tourism (EDT) through an Economic Development Bank (Bank) as an enterprise project, . and authorizing the Mayor Pro Tem to sign Councilmember Hinojosa- Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 16.Consider approval of the Old Town Addition, Lots 1-9, Blocks A- G, Preliminary Plat, to subdivide 23.12 acres of property into nine (9) lots located on land generally bounded by Bethel Road, Coppell Road, Burns Street and Hammond Street. Presentation: Matt Steer, Planner, made a presentation to Council. Action: Councilmember Tunnell moved to approve the Old Town Addition, Lots 1-9, Blocks A-G, Preliminary Plat, to subdivide 23.12 acres of property into nine (9) lots located on land generally bounded by Bethel Road, Coppell Road, Burns Street and Hammond Street, subject to the following conditions: 1) Landscaping should not interfere with the visibility triangles at the intersections; and 2) Additional comments will be generated upon detailed engineering review. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. Cm081010 Page 8 of 11 17.Consider approval of the Old Town Addition, Lots 1-9, Blocks A- G, Final Plat, to subdivide 23.12 acres of property into nine (9) lots located on land generally bounded by Bethel Road, Coppell Road, Burns Street and Hammond Street. Presentation: Matt Steer, Planner, made a presentation to Council. Action: Councilmember Tunnell moved to approve the Old Town Addition, Lots 1-9, Blocks A-G, Final Plat, to subdivide 23.12 acres of property into nine (9) lots located on land generally bounded by Bethel Road, Coppell Road, Burns Street and Hammond Street, subject to the following conditions: 1) Landscaping should not interfere with the visibility triangles at the intersections; and 2) Additional comments will be generated upon detailed engineering review. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 18.PUBLIC HEARING: Consider approval of Case No. PD-237R-HC, QuikTrip, a zoning change request from A (Agriculture) to PD-237R-HC (Planned Development-237 Revised-Highway Commercial) to attach a detail site plan to allow a 4,900-square-foot convenience store with eight gas pump islands on 2.03 acres of land located at the northeast corner of South Belt Line Road and the proposed extension of Dividend Drive. Presentation: Matt Steer, Planner, made a presentation to Council and advised the Applicant had asked for a postponement. Cm081010 Page 9 of 11 Action: Councilmember Tunnell moved to continue the Public Hearing until the September 14 meeting. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 19.Consider approval of accepting the resignation of Wendy Dunn from the Library Advisory Board and advancing Stephen Smith up from an alternate to fill the unexpired term of Wendy Dunn. Presentation: Libby Ball, City Secretary, made a presentation to Council. Action: Councilmember Brancheau moved to approve the resignation of Wendy Dunn from the Library Advisory Board and advancing Stephen Smith up from an alternate to fill the unexpired term of Wendy Dunn. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 20.City Manager's Report. A.Project Update and Future Agendas. City Manager Clay Phillips announced that the Denton Tap and Bethel Road projects both opened ahead of schedule. The railroad crossings will be rehabilitated shortly, so there will be some upcoming lane closures, along with various pavement band replacement projects around town. The Tennis Center project is currently underway. th Regarding future agendas, Budget Hearings will be held on August 24 and stth August 31, with the Budget Adoption on September 14. Quik Trip has th been continued to the September 14 meeting. There is a bit of discussion going around regarding the Toll Brothers Carter Estates project as the item moves forward. Finally, at the next meeting, the agenda could possibly include the K2 Ordinance, the radio coverage study and the CAD RMS contract. Cm081010 Page 10 of 11 21. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Nothing to report. 22. Necessary action resulting from Executive Session. Nothing to report. V - �00 Bob Mahalik, Mayor Pro Tem ATTEST: Libb Ball, ty Secretary CM081010 Page 11 of 11