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CM 2010-09-14 MINUTES OF SEPTEMBER 14, 2010 The City Council of the City of Coppell met in Regular Called Session on Tuesday, September 14, 2010, at 6:00 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 Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Karen Hunt, Councilmember 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 Executive Session. EXECUTIVE SESSION (Closed to the Public) 2.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. B.Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1.Discussion regarding right-of-way acquisition along Sandy Lake Road between Denton Tap and Coppell Road. C.Section 551.087, Texas Government Code – Economic Development Negotiations. 1.South of W. Bethel Road and West of Freeport Parkway. 2.West of Belt Line Road and North of IH635E Cm091410 Page 1 of 10 3.North of Southwestern Boulevard and East of Freeport Parkway. D.Section 551.074, Texas Government Code - Personnel Matters. 1.City Manager Evaluation. Mayor Pro Tem Mahalik convened into Executive Session at 6:10 p.m. Mayor Pro Tem Mahalik recessed the Executive Session at 6:36 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3.Convene Work Session A.Discussion regarding Board Interview Preferences. B.Discussion regarding the Voting Delegate to NLC. C.Discussion regarding TML Risk Pool Appointments. D.Discussion of Agenda Items. EXECUTIVE SESSION (Closed to the Public) 2.Convene Executive Session D.Section 551.074, Texas Government Code - Personnel Matters. 1.City Manager Evaluation. Mayor Pro Tem Mahalik reconvened into Executive Session at 7:05 p.m. Mayor Pro Tem Mahalik recessed the Executive Session at 7:32 p.m. REGULAR SESSION (Open to the Public) 4.Convene Regular Session. 5.Invocation. Pastor Dale Patterson, Hackberry Creek Church, led those present in the Invocation. Cm091410 Page 2 of 10 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: August 24, 2010 and August 31, 2010. B.Consider approval of accepting the resignation of Lisa Sawyers from the Animal Services Advisory and Appeals Board and appointing Linda Pate-Ulmer to fill the unexpired term of Lisa Sawyers. C.Consider approval of a Resolution of the City Council of the City of Coppell, Ordering the Cancellation of the Election scheduled to be held on November 2, 2010 for the purpose of electing a Mayor to fill the unexpired term; providing for the certification of unopposed candidate which is hereby elected; providing posting requirements; and authorizing the Mayor Pro Tem to sign. D.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 Pro Tem to sign. E.Consider approval of a Resolution suspending the proposed rate change of Texas New Mexico Power Company, providing that the rates of said company shall remain unchanged during the period of suspension, providing for notice hereof to said company and authorizing the Mayor Pro Tem to sign. Cm091410 Page 3 of 10 Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C carrying Resolution No. 2010-0914.1, D carrying Ordinance No. 2010-1257 and E. 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. 9.Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2010 through September 30, 2011, and authorizing the Mayor Pro Tem to sign. Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. Action: Councilmember Franklin moved to approve Ordinance No. 2010-1258 approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2010 through September 30, 2011, and authorizing the Mayor Pro Tem to sign. 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. 10.Consider the approval of the property tax revenue increase as reflected in the 2010-2011 Annual Operating Budget. Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. Action: Councilmember Tunnell moved that the property tax rate be increased by the adoption of a tax rate of $0.69046, which is effectively a 4.99 percent increase in the tax rate, and such rate will not result in increased tax revenues for the maintenance and operation of the City for fiscal year 2010- Cm091410 Page 4 of 10 2011. 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. 11.Consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the year 2010 at .69046/$100 per valuation of which .49577 for operations and maintenance and .19469 for interest and sinking, and authorizing the Mayor Pro Tem to sign. Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. Action: Councilmember Brancheau moved to approve Ordinance No. 2010-1259 levying the ad valorem taxes for the year 2010 at .69046/$100 per valuation of which .49577 for operations and maintenance and .19469 for interest and sinking, and authorizing the Mayor Pro Tem to sign. 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. 12.Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2009-1239, the budget for the Fiscal Year October 1, 2009 through September 30, 2010, and authorizing the Mayor Pro-Tem to sign. Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. Action: Councilmember Franklin moved to approve Ordinance No. 2010-1260 approving an amendment to Ordinance No. 2009-1239, the budget for the Fiscal Year October 1, 2009 through September 30, 2010, and authorizing the Mayor Pro-Tem to sign. Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Cm091410 Page 5 of 10 Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 13.Consider approval of an amendment to an existing agreement with Integrated Computer Systems (ICS) to upgrade the City of Coppell Public Safety CAD and Records Management Information System at a cost of $666,595.00; and authorizing the City Manager to sign. Presentation: Gary Nix, Interim Police Chief, made a presentation to Council. Action: Councilmember Faught moved to approve an amendment to an existing agreement with Integrated Computer Systems (ICS) to upgrade the City of Coppell Public Safety CAD and Records Management Information System at a cost of $666,595.00; and authorizing the City Manager 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. 14.Consider approval to purchase additional equipment necessary to complete the Integrated Computer Systems (ICS) upgrade with the Public Safety CAD and Records Management Information System from the DIR contract vendors at a cost of approximately $94,601.00; and authorizing the City Manager to sign. Presentation: Gary Nix, Interim Police Chief, made a presentation to Council. Action: Councilmember Franklin moved to approve the purchase of additional equipment necessary to complete the Integrated Computer Systems (ICS) upgrade with the Public Safety CAD and Records Management Information System from the DIR contract vendors at a cost of approximately $94,601.00; and authorizing the City Manager to sign. Councilmember Cm091410 Page 6 of 10 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 a proposal for services (Phase I) from RCC Consultants, Inc., to provide a detailed analysis, at a proposed cost of $78,273.50, in order to determine the viability of combining the Metrocrest (Carrollton, Farmers Branch, and Addison) radio infrastructure with that of Coppell, utilizing the same Mobile Data System by all four agencies, and the feasibility of all four agencies transitioning to a consolidated dispatch facility; and authorizing the City Manager to sign. Presentation: Gary Nix, Interim Police Chief, made a presentation to Council. Action: Councilmember Hunt moved to approve the proposal for services (Phase I) from RCC Consultants, Inc., to provide a detailed analysis, at a proposed cost of $78,273.50, in order to determine the viability of combining the Metrocrest (Carrollton, Farmers Branch, and Addison) radio infrastructure with that of Coppell, utilizing the same Mobile Data System by all four agencies, and the feasibility of all four agencies transitioning to a consolidated dispatch facility; and authorizing the City Manager to sign. 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. 16.Consider approval of designating a voting delegate to the Annual Business Meeting of the National League of Cities to be held Saturday, December 4, 2010 in Denver, CO and authorizing the City Manager to sign. Presentation: Clay Phillips, City Manager, made a presentation to Council. Cm091410 Page 7 of 10 Action: Councilmember Hunt moved to nominate Councilmember Marsha Tunnell as the voting delegate to the Annual Business Meeting of the National League of Cities to be held Saturday, December 4, 2010 in Denver, CO and authorizing the City Manager 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. 17.Consider appointments to the Texas Municipal League Intergovernmental Risk Pool Board of Trustees, and authorizing the City Manager to sign. Presentation: Clay Phillips, City Manager, made a presentation to Council. Action: No action was taken. 18.City Manager's Report. A.Project Update and Future Agendas. City Manager Clay Phillips reported that the construction projects around town are moving along. The Bethel Road project is continuing and the Railroad Crossing projects have completed. The Engineering Department is still qualifying a bidder for the Sidewalk project and will have it on your agenda for the September 28 meeting. Actions to acquire right-of-way property along Sandy Lake will be coming forward to move the project along between Denton Tap and Coppell Road. Finally, the Toll Brothers at Carter Estates will be coming forward in October. City Manager Clay Phillips thanked the Council for attending the retirement reception for Police Chief Roy Osborne and asks for the same attendance on September 28 for the retirement reception for Library Director Kathy Edwards. Cm091410 Page 8 of 10 19.Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Nothing to report. 20.Necessary action resulting from Executive Session. Action: Councilmember Tunnell moved to approve Resolution No. 2010-0914.3 authorizing the city attorney to file eminent domain proceedings to acquire 0.052 +/- acres of real property for the expansion of public roadway and/or right-of-way along Sandy Lake Road at property located at 250 West Sandy Lake Road, Coppell, Dallas County, Texas. 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. Action: Councilmember Tunnell moved to approve Resolution No. 2010-0914.4 authorizing the city attorney to file eminent domain proceedings to acquire 0.075 +/- acres of real property for the expansion of public roadway and/or right-of-way along Sandy Lake Road at property located at 100 Oak Trail, Coppell, Dallas County, Texas. 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. EXECUTIVE SESSION (Closed to the Public) 2.Convene Executive Session D.Section 551.074, Texas Government Code - Personnel Matters. 1.City Manager Evaluation. Mayor Pro Tem Mahalik reconvened into Executive Session at 8:20 p.m. Mayor Pro Tem Mahalik adjourned the Executive Session at 11:11 p.m. Cm091410 Page 9 of 10 REGULAR SESSION (Open to the Public) 20. Necessary action resulting from Executive Session (continued). Action: Councilmember Faught moved to authorize the Mayor Pro Tern to negotiate an employment contract with the City Manager to include the following considerations: employment agreement shall be in effect for a five -year term beginning October 1, 2010; certain severance considerations; certain retirement considerations; and a vehicle allowance of $670.00 per month; and authorizing the Mayor Pro Tern to sign. Councilmember Franklin seconded the motion; the motion carried 7 -0 with Mayor Pro Tern Mahan and Councilmembers Brancheau, Hinojosa- Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. There being no further business, the meeting was adjourned. Bob Mahalik, Mayor Pro Tern ATTEST: Libby Ball, ity Secretary Cm091410 Page 10 of 10