CM 2010-09-28MINUTES OF SEPTEMBER 28, 2010
The City Council of the City of Coppell met in Regular Called Session on Tuesday,
September 28, 2010, at 6:00 p.m. in the City Council Chambers of Town Center,
255 Parkway Boulevard, Coppell, Texas. The following members were present:
Tim Brancheau, Councilmember
Brianna Hinojosa- Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Marvin Franklin, Councilmember
Karen Hunt, Councilmember
Mayor Pro Tem Mahalik was absent. Also present were City Manager Clay
Phillips, City Secretary Libby Ball and City Attorney Robert Hager.
1. Call to order.
Councilmember Tunnell 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 551.087, Texas Government Code - Economic
Development Negotiations.
1. West of Belt Line Road and north of Airline Drive.
2. West of Royal Lane and South of Bethel Road.
Councilmember Tunnell convened into Executive Session at 6:10 p.m.
Councilmember Tunnell adjourned the Executive Session at 7:02 p.m. and
opened the Work Session.
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WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding a Special Called Meeting for the
Swearing -in of the Mayor.
B. Discussion regarding Board/ Commission Interviews.
C. Discussion regarding City Manager negotiating Electric
Power Rates.
D. 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.
Councilmember Tunnell led those present in the Pledge of Allegiance.
7. Consider approval of a proclamation proclaiming the Week of
October 3 through October 9, 2010, as Fire Prevention Week, and
authorizing the Mayor Pro Tem to sign.
Presentation:
Councilmember Tunnell read the proclamation for the record and presented
the same to Chief Kevin Richardson.
Action:
Councilmember Hinojosa - Flores moved to approve the proclamation
proclaiming the Week of October 3 through October 9, 2010, as Fire
Prevention Week, and authorizing the Mayor Pro Tem to sign.
Councilmember Faught seconded the motion; the motion carried 6 -0 with
Councilmembers Brancheau, Hinojosa- Flores, Tunnell, Faught, Franklin
and Hunt voting in favor of the motion.
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8. Consider approval of a proclamation proclaiming "National Night
Out" on Tuesday, October 5, 2010, and providing City Council
support and endorsement of National Night Out festivities and
authorizing the Mayor Pro Tem to sign.
Presentation:
Councilmember Tunnell read the proclamation for the record and presented
the same to Officer R. J. Harr.
Action:
Councilmember Franklin moved to approve the proclamation proclaiming
"National Night Out" on Tuesday, October 5, 2010, and providing City
Council support and endorsement of National Night Out festivities and
authorizing the Mayor Pro Tem to sign. Councilmember Hunt seconded the
motion; the motion carried 6 -0 with Councilmembers Brancheau, Hinojosa-
Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion.
9. Consider approval of a proclamation naming the month of
October "National Breast Cancer Awareness Month" and
authorizing the Mayor Pro Tem to sign.
Presentation:
Councilmember Tunnell read the proclamation for the record and presented
the same to Jackie Brainard, Valerie Brunson and the Pink Soles in Motion.
Action:
Councilmember Hinojosa - Flores moved to approve the proclamation
naming the month of October "National Breast Cancer Awareness Month"
and authorizing the Mayor Pro Tem to sign. Councilmember Hunt seconded
the motion; the motion carried 6 -0 with Councilmembers Brancheau,
Hinojosa- Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the
motion.
10. Consider approval of a proclamation naming the week of
October 4 -8, 2010 as "Customer Service Week" and authorizing
the Mayor Pro Tem to sign.
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Presentation:
Councilmember Tunnell read the proclamation for the record and presented
the same to Deputy City Secretary Christel Pettinos.
Action:
Councilmember Faught moved to approve the proclamation naming the
week of October 4 -8, 2010 as "Customer Service Week" and authorizing the
Mayor Pro Tem to sign. Councilmember Brancheau seconded the motion;
the motion carried 6 -0 with Councilmembers Brancheau, Hinojosa - Flores,
Tunnell, Faught, Franklin and Hunt voting in favor of the motion.
11. Presentation by The Texas Commission on Environmental
Quality (TCEQ) to the Coppell Service Center for the award of
Gold -Level Certification for Clean Texas Program.
Presentation:
Chris Meeks presented an award for Gold -Level Certification for the Clean
Texas Program to the Green Team.
12. Presentation by the Coppell Farmers Market.
Presentation:
Ken Hevron and Karen Pearsall made a presentation to Council.
13. Report by the Keep Coppell Beautiful Board.
Presentation:
Sam Duff, Boardmember, made the board's semi - annual presentation to
Council.
14. Citizens' Appearances.
Councilmember Tunnell advised no one signed up to speak.
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15. Consider approval of the following consent agenda items:
A. Consider approval of minutes: September 14, 2010.
B. Consider approval of a Resolution authorizing the City
Manager to purchase electricity by negotiating the lowest
possible price based on a per kilowatt hour and charge for
all municipal related services; and authorizing the Mayor
Pro Tern to sign.
C. Consider approval of a Resolution amending Resolution No.
010996.3 as heretofore amended, with regard to Chapter
15, Coppell City Code, Building Inspection fees, Board of
Adjustment sign deposits and Plan Review fees and
authorizing the Mayor Pro Tern to sign.
D. Consider approval of a License Agreement between the City
of Coppell and Philip A. Berkebile, owner of 234 Bethel
Road: and authorizing the City Manager to sign and execute
any necessary documents.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A, B
carrying Resolution No. 2010- 0928.1, C carrying Resolution No.
2010 - 0928.2 and D. Councilmember Franklin seconded the motion; the
motion carried 6 -0 with Councilmembers Brancheau, Hinojosa- Flores,
Tunnell, Faught, Franklin and Hunt voting in favor of the motion.
16. Consider approval of a Resolution approving the bank Depository
Agreement and designating Frost National Bank as the City
Depository, and authorizing the City Manager to execute such
agreement, and authorizing the Mayor Pro Tern to sign.
Councilmember Hunt filed a Conflict of Interest Affidavit.
Presentation:
Jennifer Miller, Director of Finance, made a presentation to Council.
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Action:
Councilmember Faught moved to approve of a Resolution No. 2010 - 0928.3
approving the bank Depository Agreement and designating Frost National
Bank as the City Depository, and authorizing the City Manager to execute
such agreement, and authorizing the Mayor Pro Tem to sign.
Councilmember Brancheau seconded the motion; the motion carried 5 -0 -1
with Councilmembers Brancheau, Hinojosa - Flores, Tunnell, Faught, and
Franklin voting in favor of the motion and Councilmember Hunt abstaining
pursuant to Conflict of Interest Affidavit.
17. Consider approval of awarding Bid #Q- 0810 -01 "Denton Tap
Sidewalk Infill" to 3 -D Paving and Contracting, LLC., in the
amount of $231,754.00, as provided for in CIP funds; and
authorizing the City Manager to sign and execute any necessary
documents.
Presentation:
Ken Griffin, Director of Engineering, made a presentation to Council.
Action:
Councilmember Brancheau moved to award Bid #Q- 0810 -01 "Denton Tap
Sidewalk Inflll" to 3 -D Paving and Contracting, LLC., in the amount not to
exceed $231,754.00, and authorize the City Manager to execute the City
Fixed Base Construction Contract and documents; and to execute an
appropriate change order not to exceed by $25,000. Councilmember Hunt
seconded the motion; motion carried 6 -0 with Councilmembers
Brancheau, Hinojosa - Flores, Tunnell, Faught, Franklin and Hunt voting in
favor of the motion.
18. Consider approval of a Resolution approving an Amended and
Restated Tax Abatement Agreement between the City of Coppell
and Duke Secured Financing 2009 - 1ALZ, LLC, and authorizing
the Mayor Pro Tern to sign.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation to
Council.
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Action:
Councilmember Franklin moved to approve Resolution No. 2010 - 0928.4
approving an Amended and Restated Tax Abatement Agreement between
the City of Coppell and Duke Secured Financing 2009 - IALZ, LLC, and
authorizing the Mayor Pro Tem to sign. Councilmember Hunt seconded
the motion; motion carried 6 -0 with Councilmembers Brancheau,
Hinojosa - Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the
motion.
19. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and Samsung
Telecommunications America, LLC, and authorizing the Mayor
Pro Tem to sign.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation to
Council.
Action:
Councilmember Hunt moved to approve Resolution No. 2010 - 0928.5
approving a Tax Abatement Agreement between the City of Coppell and
Samsung Telecommunications America, LLC, and authorizing the Mayor
Pro Tem to sign. Councilmember Franklin seconded the motion; motion
carried 6 -0 with Councilmembers Brancheau, Hinojosa - Flores, Tunnell,
Faught, Franklin and Hunt voting in favor of the motion.
20. Consider approval of the Coppell Aquatic & Recreation Center
Expansion, Site Plan Amendment, to allow a 11,600- square -foot,
expansion to the existing 37,700- square -foot recreation center
and additional parking spaces on 31.63 acres of property located
at 234 East Parkway Blvd.
Presentation:
Gary Sieb, Planning Director, made a presentation to Council.
Brad Reid, Director of Parks and Recreation, answered questions from
Council.
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Action:
Councilmember Franklin moved to approve the Coppell Aquatic &
Recreation Center Expansion, Site Plan Amendment, to allow a 11,600 -
square -foot, expansion to the existing 37,700- square -foot recreation center
and additional parking spaces on 31.63 acres of property located at 234
East Parkway Blvd. Councilmember Hunt seconded the motion; motion
carried 6 -0 with Councilmembers Brancheau, Hinojosa - Flores, Tunnell,
Faught, Franklin and Hunt voting in favor of the motion.
Councilmember Franklin moved to reconsider his previous motion.
Councilmember Hunt seconded the motion; motion carried 6 -0 with
Councilmembers Brancheau, Hinojosa- Flores, Tunnell, Faught, Franklin
and Hunt voting in favor of the motion.
Councilmember Franklin moved to approve the Coppell Aquatic &'
Recreation Center Expansion, Site Plan Amendment, to allow a 11,600 -
square -foot, expansion to the existing 37,700- square -foot recreation center
and additional parking spaces on 31.63 acres of property located at 234
East Parkway Blvd., subject to the following condition:
1) Correctly label each of the protected trees to be removed within the
chart on the Tree Removal Plan.
Councilmember Hunt seconded the motion; motion carried 6 -0 with
Councilmembers Brancheau, Hinojosa- Flores, Tunnell, Faught, Franklin
and Hunt voting in favor of the motion.
21. PUBLIC HEARING
Consider approval of the Coppell Aquatic & Recreation Center
Addition, Lot 1R, Block A, Replat, being a replat of Lot 1, Block
A, of the Coppell Aquatic & Recreation Center Addition, to allow
the abandonment of a portion of the fire -lane easement on 31.63
acres of property located at 234 East Parkway Blvd.
Presentation:
Gary Sieb, Planning Director, made a presentation to Council.
Public Hearing:
Councilmember Tunnell opened the Public Hearing and advised no one
signed up to speak.
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Action:
Councilmember Faught moved to close the Public Hearing and approve the
Coppell Aquatic & Recreation Center Addition, Lot 1 R, Block A, Replat,
being a replat of Lot 1, Block A, of the Coppell Aquatic & Recreation Center
Addition, to allow the abandonment of a portion of the fire -lane easement
on 31.63 acres of property located at 234 East Parkway Blvd.
Councilmember Hunt seconded the motion; motion carried 6 -0 with
Councilmembers Brancheau, Hinojosa- Flores, Tunnell, Faught, Franklin
and Hunt voting in favor of the motion.
22. City Manager's Report.
A. Project Update and Future Agendas.
Nothing to report.
23. Public Service Announcements concerning items of community
interest and no Council action or deliberation is permitted.
Nothing to report.
24. 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 -Hunt.
E. International Council for Local Environmental Initiatives
(ICLEI) - Brancheau.
F. Metrocrest Hospital Authority - Tunnell.
G. Metrocrest Medical Foundation - Mahalik.
H. Metrocrest Medical Services - Hinojosa- Flores.
I. Metrocrest Social Services - Franklin.
J. North Texas Council of Governments - Tunnell.
K. North Texas Commission - Hunt.
L. Senior Adult Services - Franklin.
A. Councilmember Tunnell reported that LISD voters turned down the
district's request for a tax increase. The Board of Trustees will meet
in November to decide how to handle the budget deficit. Parent
University will meet at Marcus High School on October 13 and at The
Colony High School on November 4 to discuss "How to Pay for
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College." CFBISD will be having a blood drive on October 12 from
8am -12pm at the Huie Special Education Center. Finally, October 11
is State Fair Day.
B. Councilmember Hinojosa - Flores announced that there is no school
on October 8 for Professional Development Day and October 11 for
Columbus Day. November is Dyslexia Awareness Month. CISD will
begin the monthly "Discussion" series again starting October 13 at
the CHS Lecture Hall. Finally, CHS Class of 2010 scored the highest
SAT scores in the school's history.
C. Councilmember Faught stated the following events are scheduled:
October 7 - State Fair Day; October 11 - Clark Garden Botannical
Park; October 27 - Halloween Pot Luck and Birthday Meeting; and
October 30 - Craft Fair.
D. Councilmember Hunt said DRMC has been reviewing the overall plan
for the North Texas area and has recognized a large funding gap.
They are reviewing additional ways for funding.
E. Councilmember Brancheau attended an environmental seminar in
San Antonio and reports that the City's environmental stewardship is
a true and viable project.
F. Nothing to report.
G. Nothing to report.
H. Nothing to report.
I. Councilmember Franklin said the Keyholder's Breakfast is scheduled
for April 12, 2011. The next meeting to review the Strategic Plan will
be October 30.
J. Councilmember Tunnell reported that the Clean Air Award Ceremony
will be October 29.
K. Councilmember Hunt stated the Super Bowl Host Committee will
begin the 100 Day Countdown at a luncheon on October 28 at
Cowboys Stadium.
L. Councilmember Franklin announced the Board approved six new
board members. Also, October 4 was the Tee It Up for Seniors Golf
Tournament at Riverchase Golf Club.
25. Necessary action resulting from Executive Session.
Action:
Councilmember Brancheau moved to authorize the City Attorney to send to
enter into a tolling agreement not to exceed nine (9) months and /or to
provide notice of non - compliance with Billingsley Development Corporation
and its officials as a result of a settlement agreement by and between the
City of Coppell and BDC and its affiliates, dated October 2, 2008.
Councilmember Faught seconded the motion; motion carried 6 -0 with
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Councilmembers Brancheau, Hinojosa- Flores, Tunnell, Faught, Franklin
and Hunt voting in favor of the motion.
There being no further business to come before the City Council, the
meeting was adjourned.
Bob s Mahalik, Mayor Pro Tem
ATTEST:
Libby Ball ity Secretary
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