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CP 2011-02-08 NOTICE OF CITY COUNCIL MEETING AND AGENDA FEBRUARY 8, 2011 DOUG STOVER BOB MAHALIK, Place 2 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5 BRIANNA HINOJOSA-FLORES, Place 3 MARVIN FRANKLIN, Place 6 MARSHA TUNNELL, Place 4 KAREN HUNT Place 7 CLAY PHILLIPS, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:30 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, February 8, 2011, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION 1. Call to order. ag020811 Page 1 of 4 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.072 – Deliberation regarding Real Property. 1. Seek legal advice from the City Attorney concerning the settlement and land purchase agreements with the Billingsleys at Northlake. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion of Household Hazardous Waste Disposal. B. Discussion Regarding the Sign Ordinance Amendment. C. Discussion Regarding Joint CISD and City Field Usage. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Citizens' Appearances. 8. Presentation of an award to the Coppell Parks and Recreation Department for a national accreditation through the Commission for Accreditation of Park and Recreation Agency(CAPRA). 9. Consider approval of a proclamation naming the week of February 20-26, 2011 as Severe Weather Awareness Week and authorizing Mayor to sign. 10. Consider approval of minutes: January 18, 2011 and January 25, 2011. 11. Consider approval of a resolution to suspend the proposed increase in rates requested by Oncor Electric Delivery Company, providing that the rates of the said company be suspended, providing for notice hereof to said company and authorizing the Mayor to sign. ag020811 Page 2 of 4 ITEM # ITEM DESCRIPTION 12. Consider approval of an amendment to the Sign Ordinance prohibiting handheld signs and inflatable signs, providing an effective date, and authorizing the Mayor to sign. 13. Consider approval of an addendum to the Construction Manager at Risk Agreement with EMJ Construction, to establish the guaranteed maximum price of $5,779,028.00, for the expansion of the Aquatics and Recreation Center; and authorizing the President of the CRDC and the City Manager to sign. 14. Consider approval of a Change Order to the Fire Department Apparatus purchase in the amount of $49,998 for improvement items that have been recommended during the construction of the apparatus, and authorizing the City Manager to sign. 15. Consider approval of a resolution calling the Regular Municipal Election for Councilmembers Place 1, 3, 5 and 7 for Saturday, May 14, 2011; authorizing the City Manager to enter into and sign a Joint Election Agreement and Election Service Contract with Dallas County Elections Department for conducting the Municipal Election; and authorizing the Mayor to sign. A considerarse la aprobación de una resolución para convocar a Elecciones Municipales habituales el día sábado 14 de mayo de 2011 para elegir a los Concejales que ocuparán los escaños 1, 3, 5 y 7; autorizar al Regente de la Ciudad a convenir y firmar un Convenio de Elecciones Conjuntas y un Contrato de Servicios Electorales con el Departamento Electoral del Condado de Dallas y llevar a cabo las Elecciones Municipales, así como autorizar a que el Alcalde inscriba su firma. 16. City Manager's Report. A. Project Update and Future Agendas. 17. Mayor and Council Reports. A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting. 18. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 19. Necessary action resulting from Executive Session. ag020811 Page 3 of 4 ITEM # ITEM DESCRIPTION Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 4th day of January, 2011, at __________________. ____________________________________ Christel Pettinos, City Secretary DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.coppelltx.gov) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). ag020811 Page 4 of 4 KEY TO COUNCIL GOALS ICONS COPPELL VISION 2030 Sustainable City Government • Excellent City Services with high level of Customer Satisfaction • “Green” City Operations and Facilities • Excellent and Well-maintained City Infrastructure and Facilities • Top Quality City Workforce • Financial Resources to Support City Services Business Prosperity • Retention and Attraction of Businesses that generate revenues for the City • Major Retail and Top Quality Business Office Park along I-635 and SH 121 • Old Coppell as a Small Town Village • Community Commercial Centers • House Offices and Home-Based Businesses Community Wellness and Enrichment • Community Gathering Places • Recreation Programs and Services for all Generations • Expand Cultural Arts Amenities and Opportunities • Residents’ Wellness and Longevity • Community Education Programs and Support of Top Quality Schools • Multi-Use Trail Systems Connecting the City Sense of Community • Residents and Businesses Engaging and Contributing to the Coppell Community • Strong Community Events and Festivals • New Residents Welcome and Involved • Effective Community Partnerships • Future Civic Community Leaders’ Development Special Place to Live • Quality Housing for Family Generations • Beautiful Green City • Revitalizing Neighborhoods • Mobility within Coppell • Easy Access to Dallas-Fort Worth Regions AGENDA REQUEST FORM DATE: February 8, 2011 ITEM #: ES-2 EXECUTIVE SESSION A. Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.072 – Deliberation regarding Real Property. 1. Seek legal advice from the City Attorney concerning the settlement and land purchases agreements with the Billingsleys at Northlake. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: February 8, 2011 ITEM #: ES-3 WORK SESSION A. Discussion of Household Hazardous Waste Disposal. B. Discussion Regarding the Sign Ordinance Amendment. C. Discussion Regarding Joint CISD and City Field Usage. D. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 %wksessn PARKS AND RECREATION DEPARTMENT ENVIRONMENTAL HEALTH DIVISION CITY COUNCIL AGENDA ITEM Date: February 8, 2011 To: Mayor and City Council From: Perri Kittles, Environmental Health Officer Via: Brad Reid, Director Re: Discussion regarding Council goal to evaluate options for Household Hazardous Waste disposal Background: A goal of the City Council for 2010-11 is to review and evaluate the options that are available to the residents of Coppell for disposal of Household Hazardous Waste. There are several options in the region that are available to Coppell should the decision be made to make a change. Dallas County, the City of Fort Worth, the Upper Trinity Regional Water District, and Waste Management offer programs with a variety of collection options from which to choose, all with varying costs. The program currently in place in Coppell for Household Hazardous Waste disposal consists of a staff interaction with the resident on each occurrence, assistance with the process for disposal and education regarding future reduction of the need for the service. Fortunately, Coppell has never had a significant problem with residents dumping HHW, and the numbers of residents taking advantage of HHW disposal are small. Perhaps a contributing factor to this is the fact that many residents utilize outside services for lawn care, pool maintenance, fence repairs and general home renovations and maintenance. The environmental awareness of our residents is surely another contributing factor in having reduced accumulations of HHW. A number of years ago the city participated in the Dallas County Household Hazardous Waste Program. The numbers of residents participating in the collection events were very low and the cost of participating increased over the years, so the city began to look at alternatives to better meet the needs of our residents. Six years ago the city began the current “voucher” system with the Upper Trinity Regional Water District, which allows residents to obtain permission to take most items to a collection center located at I-30 and Loop 820 in Fort Worth. This service is free to the resident, and costs the city $58 per voucher. On average, the city gives out 41 vouchers annually. Options are available whereby residents could dispose of HHW at a fixed facility and have at least one collection event during the year. The Upper Trinity Regional Water District contracts with the City of Fort Worth to use their collection facility and Coppell has the option to expand its activities with Upper Trinity. The cost would be $84.00 per resident for Upper Trinity to hold a collection event in Coppell, with the requirement of a minimum of 50 participants. These events would be staffed by the City of Coppell. The collection transportation equipment will limit the amount of waste that can be hauled from these collection events. As a result, it is possible that residents could be turned away due to limited carrying capacity after having waited in line, forcing them to go to the fixed facility to make a disposal. Contracting directly with the City of Fort Worth would cost $47.00 for a resident to visit the fixed facility and $47.00 per resident for a collection event in Coppell. The same restrictions apply regarding how many participants are needed to hold an event and the possibility of not being able to collect everyone’s waste still exists. Dallas County has a program with a fixed facility in Dallas. Dallas County stipulates the payment of a set fee each quarter of approximately $4,000.00 for facility expenses. This payment is due each month regardless of the usage. Residents could take HHW to the collection facility in Dallas and the City would be billed based on the number of participants, with varying cost depending on the items collected. Residents would be eligible to participate in any of the collection events held in Dallas County throughout the year. Again, the city would be billed based on the number of Coppell residents that attended, with the cost calculated by taking the cost of the entire event and dividing it by the number of participants. Waste Management offers a home curb-side chemical collection service similar to their trash/recycling pick-up. Representatives from Waste Management will be in attendance at the February 8, 2011 Work Session to introduce this new program. Coppell is unique in many ways and the goal for the Household Hazardous Waste program continues to be to meet the needs of the resident with a focus on education, low cost and sustainability. City Council Action requested: Staff is seeking direction regarding any desired change in the m anner in which Household Hazardous Waste is disposed of in Coppell. Staff Recommendation: None MEMORANDUM February 3, 2011 TO: Mayor & City Council FROM: Clay Phillips, City Manager SUBJECT: City/CISD Joint Field Use Proposal The joint field use proposal between the City and the CISD is nearing the time when a decision regarding the City’s intent to participate is needed. As recently discussed in work session, the City has been asked if we have any interest in participating in the placement of an all-weather surface on Leslie Field. The turf would be similar to the turf on the field at CHS. Staff would not even contemplate such a recommendation if we were not in a position of needing to address the current inequity that exists regarding the number of practice and game fields provided for youth football and lacrosse compared to the number of fields provided for the other youth sports associations. The proposal to join forces with the CISD to provide additional game and practice space to both the Coppell Youth Football and Coppell Lacrosse leagues provides the best solution to the problem if we are to do so without interfering with the practice and game field needs of the other youth sports associations. The Park & Recreation Board, Sports Council and the Coppell Youth Football and Coppell Lacrosse Associations support this proposal. The participant numbers suggest that an additional field is needed for both football and lacrosse. They currently share one game field at AB Central compared to the 18 soccer, 13 baseball and 4 softball fields currently in use. If all practice and play for youth football and lacrosse cannot be accommodated on the all-weather surface at Leslie Field, some practice and possibly some play would continue on the field at AB Central. Even so, the addition of an all-weather field would allow both groups to do the majority of practice and play on the new surface and we would not be forced to provide additional field space on grass surfaces that would result in loss of current availability and damage to practice and game areas used by other sports associations A table containing additional field use numbers and the number of participants in each association is attached for your review. City/CISD Joint Field Use Proposal 02/03/11 Page 2 of 3 When first considered, the idea of participating in this project seemed somewhat extravagant. However, the benefits of the proposal may outweigh the costs if we are expected to provide additional game and practice fields for youth football while retaining the practice and game fields that the other youth sports associations use today. The advantages include: - Moving youth football and lacrosse to the all-weather surface moves the two associations that do the most damage to grass fields - An all weather surface could be used for both games and practices reducing damage to grass fields - Rainouts would be virtually eliminated with the exception of rainouts due to lightning or other hazardous conditions - Costs associated with the project are less than what would be anticipated if the City needed to purchase additional land and construct fields with the necessary amenities for youth football and lacrosse - If successful, the project could be duplicated at CMS North in the future to take further advantage of the positive outcomes The primary negative aspect of the proposal is the anticipated initial construction cost estimated to be approximately $400,000 - $500,000. While this cost is less than the expected costs associated with land procurement and construction of additional fields for football and lacrosse, it is nonetheless an expensive endeavor. One could argue that the ability to retain the other grass fields now in use for the other sports associations offsets the costs to some degree. The total costs associated with the proposal are: - Initial Construction $400,000 - $500,000 - Turf Replacements in 8-10 Years $190,000 - $200,000 - Electricity Charge $40/hour of lighted use The anticipated charge for electricity would be treated much like we manage our own electricity use at our sports complexes. Player participation fees would offset these charges to some degree. However, none of our participation fees cover all of the expenses incurred by the City to provide fields. The use of Leslie Field would be no different. City staff and association volunteers would be responsible for set-up and cleanup as is currently the case at our facilities. City/CISD Joint Field Use Proposal 02/03/11 Page 3 of 3 RECOMMENDATIONS When examining this issue in total, it appears that a systematic evaluation of the issue is in order. Staff recommends that Council review this issue with the following decision points in mind. 1. Determine whether you agree that the need exists to provide additional fields for practice and games for youth football and lacrosse, if so…. 2. Determine whether it is necessary to do so without interfering with the other youth sports associations current field allocations, if so…. 3. Determine if it is necessary to continue to provide practice fields for youth sports associations, if so…. 4. Determine if the proposed joint use project should be undertaken. Staff will review this proposed project with you at your next City Council work session. Please feel free to call if you have any questions before Tuesday. Sport# of Game Fields AllocatedFallSpring SummerField LocationsBaseball13450 806 - Wagon Wheel, MacArthur ParkFootball1300 - - Andy Brown CentralGirls Softball4206 318 - Andy Brown EastLacrosse1 spring/2 sum210 119 Andy Brown Central & WestSoccer181,685 1,775 - Wagon Wheel, Andy Brown WestYMCAPeewee Baseball2139 MacArthur ParkPeewee Soccer2*174 222 - Wagon WheelPeewee Football3*306 414 - Wagon Wheel* = practice fieldsParticipants by SeasonCoppell Youth SportsField Allocation and Participation Levels AGENDA REQUEST FORM DATE: February 8, 2011 ITEM #: 7 CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %citapp.doc WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Parks and Recreation February 8, 2011 8 ✔ PRESENTATION Presentation of an award to the Coppell Parks and Recreation Department for a national accreditation through the Commission for Accreditation of Park and Recreation Agency(CAPRA). ^CAPRA Accreditation - 1 AR WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Fire February 8, 2011 9 ✔ PROCLAMATION Consider approval of a proclamation naming the week of February 20-26, 2011 as Severe Weather Awareness Week and authorizing Mayor to sign. Staff recommends approval. (Severe Weather - 1 AR WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary February 8, 2011 10 ✔ PROCEDURAL Consider approval of minutes: January 18, 2011 and January 25, 2011. Minutes of the City Council meeting held on January 18, 2011 and January 25, 2011. Staff recommends approval. %minutes cm011811 Page 1 of 2 MINUTES OF JANUARY 18, 2011 The City Council of the City of Coppell met in a Special Session on Tuesday, January 18, 2011 at 6:00p.m. in the 2nd Floor Conference Room of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Bob Mahalik, Mayor Pro Tem Tim Brancheau, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember (late arrival) Marvin Franklin, Councilmember Karen Hunt, Councilmember Also present was City Manager, Clay Phillips, City Attorney, David Dodd, and City Secretary, Christel Pettinos. SPECIAL SESSION (Open to the Public) 1. Call to Order. Mayor Stover 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 and Section 551.072 – Deliberation regarding Real Property. 1. Seek legal advice from the City Attorney concerning the settlement and land purchases agreements with the Billingsleys at Northlake. Mayor Stover convened into Executive Session at 6:10 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:36 p.m. and opened the Special Session. Councilmember Tunnell arrived during Executive Session. cm011811 Page 2 of 2 SPECIAL SESSION (Open to the Public) 3. Convene Special Session. 4. Review and Discuss the Comprehensive Land Use Plan. 5. Review and Discuss City Facility Usage. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Christel Pettinos, City Secretary MINUTES OF JANUARY 25, 2011 The City Council of the City of Coppell met in Regular Called Session on Tuesday, January 25, 2011, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor 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 Christel Pettinos and City Attorney Robert Hager. 1. Call to order. Mayor Stover 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 and Section 551.072 – Deliberation regarding Real Property. 1. Seek legal advice from the City Attorney concerning the settlement and land purchase agreements with the Billingsleys at Northlake. Mayor Stover convened into Executive Session at 5:46 p.m. Mayor Stover recessed the Executive Session at 6:40 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session cm012511 Page 1 of 10 A. Presentation of 2009-10 Audit Results and Comprehensive Annual Financial Report (CAFR). B. Discussion Regarding Comprehensive Land Use Plan. C. Discussion Regarding Joint CISD and City Field Usage. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Officer Bill Camp of the Coppell Police department led those present in the invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Swearing in of Police Chief Macario Tristan, Jr. Mayor Stover swore in Macario Tristan Jr. as Police Chief. 8. Report by Economic Development Committee. Gary Roden, Vice Chair, gave the Economic Development Committee’s semi-annual Report. 9. Presentation by the Coppell High School's ECoppell student organization. A presentation was made to the Council by Shorjoe Bhattacharya, Eesh Shetty, and Priya Gupta of ECoppell to create awareness of the harmful effects of plastic bags and to promote the importance of reusable bags to help the environment. cm012511 Page 2 of 10 10. Citizens' Appearances 1) Terry Simons, 3709 Canon Gate, Carrollton, congratulated the City of Coppell on its new Police Chief. 2) Steve Berens, 328 Woodhurst Place, spoke in favor of the new reflective disks on Heartz Road and in favor of the Fitlinx system at the CARC. 11. Consider approval of minutes: January 11, 2011. Action: Councilmember Tunnell moved to approve the minutes for January 11, 2011. 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. 12. Consider approval of the Comprehensive Annual Financial Report for the fiscal year ending September 30, 2010. Presentation: Debbie Rollins, of Grant Thornton LP., made a presentation to Council. Action: Councilmember Faught moved to approve the Comprehensive Annual Financial Report for the fiscal year ending September 30, 2010. 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. 13. Consider approval of a Resolution amending Resolution No. 010996.3 as heretofore amended, with regard to Rolling Oaks Memorial Center Fees and Garbage Collection Fees and authorizing the Mayor to sign. cm012511 Page 3 of 10 Presentation: Jennifer Miller, Finance Director, made a presentation to Council. Action: Councilmember Franklin moved to approve Resolution No. 2011-0125.1 amending Resolution No. 010996.3 with regard to Rolling Oaks Memorial Center Fees and Garbage Collection Fees and authorizing the Mayor to sign. Councilmember Mahalik 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: Consider approval of Case No. PD-237R3-HC, QuikTrip, a zoning change request from PD-237R2-HC (Planned Development-237 Revision 2-Highway Commercial) to PD- 237R3-HC (Planned Development-237 Revision 3-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. At this time, Councilmember Tunnell recused herself from the item due to a filed Conflict of Interest Affidavit. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. J. D. Dudley, applicant, addressed Council. Jim Billman, applicant, answered questions from Council. Public Hearing: Mayor Stover continued the Public Hearing from the January 11, 2011 meeting and advised that the following signed up to speak: 1) Larry Wheeler, 718 Swallow Drive, spoke in favor of the item. cm012511 Page 4 of 10 2) Steve Berens, 328 Woodhurst Place, spoke in favor of the item. 3) Corey Vaughan, 202 Chinaberry Way, spoke in favor of the item. 4) Donna Berens, 328 Woodhurst Place, spoke favor the item. 5) Nasim Shakeeb, 101 E. Beltline Road, spoke against the item. 6) Helen-Eve Liebman, 854 Cheshire Drive., spoke in favor of the item. 7) Bill Walker, 1722 Routh Street #1313. Dallas, spoke against the item. 8) Tony Holland, 1722 Routh Street #1313, Dallas, spoke against the item. 9) Pamela Spadaro, 439 Woodhurst Place, spoke in favor of the item. 10) Bob Green, 31 Wood Hollow, spoke in favor of the item. 11) Lee Tanner, 135 Beaver Run Dr., spoke in favor of the item. Action: Councilmember Hunt moved to close the Public Hearing and approve Case No. PD-237R3-HC, QuikTrip, a zoning change request from PD- 237R2-HC (Planned Development-237 Revision 2-Highway Commercial) to PD-237R3-HC (Planned Development-237 Revision 3-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 subject to the following conditions: 3. Redistribute some of the proposed landscape area from the northern portion to the southern portion of the site. 5. Install one foot berm with three foot hedge rows along the street frontages to better screen the parking lot and gas pumps from Belt Line Road and Dividend Drive. 6. Externally illuminate the monument sign. cm012511 Page 5 of 10 7. Insure no more that 50% of the required parking is located in the front yard. 8. Add a condition that states the size of the proposed attached signage on the convenience store shall comply with the Zoning Ordinance. 9. Add a condition that states all lighting under the canopy is to be fully recessed. 10. Additional comments to be generated upon detailed engineering plan submittals. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. At this time, Councilmember Tunnell returned to the meeting. Mayor Stover recessed the meeting for a short break. 15. PUBLIC HEARING: Consider approval of the proposed Comprehensive Land Use Plan. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Tom Yantis, of BWR, made a presentation to Council. Gary Roden, Co-Chair, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that the following signed up to speak: 1) Rich and Linda Pilone, 801 Howell Dr., spoke against the item. 2) Maria Boccalardo, 544 Havencrest Lane, expressed encouragement with DART and public transportation. cm012511 Page 6 of 10 Action: Councilmember Tunnell moved to continue the Public Hearing and the item to the March 8, 2011 meeting. 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. 16. Consider appointments to the Coppell Economic Development Foundation for a one year term. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Action: Councilmember Brancheau moved to appoint Bill Rohloff, Gary Roden, Kenneth Luttmer, James Walker, and Matt Hall to the Coppell Economic Development Foundation. 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. 17. Consider approval of an Economic Development Agreement by and between the City of Coppell and Uline, Inc., and authorizing the Mayor to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Action: Councilmember Hinojosa-Flores moved to approve an Economic Development Agreement by and between the City of Coppell and Uline, Inc., and authorizing the Mayor 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. cm012511 Page 7 of 10 18. City Manager's Report. A. Project Update and Future Agendas. A. City Manager Clay Phillips reported that the Heartz Road construction project is complete. The Sidewalk Infill project continues. Problems have been encountered resulting in water outages in some areas. Progress continues on the Clear Creek project. Engineering is currently waiting on information from the State regarding the defederalization of Sandy Lake Road. Mr. Phillips informed the Council of the recent Municipal Clerk Certification of Christel Pettinos, City Secretary. She is the first in the history of the City of Coppell to receive this certification. A formal presentation is schedule for the March 8 meeting. Mr. Phillips also informed the Council of the National Accreditation received by the Parks and Recreation Department. 19. Mayor and Council Reports. A. Report by Mayor Stover regarding the meeting with Representative Jim Jackson on Coppell legislative priorities. Mayor Stover, Councilmembers Hinojosa-Flores and Hunt, and Deputy City Manager Mario Carizares met with Representative Jim Jackson on January 21st. This completes the meetings with state legislators. 20. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Congratulations to the Container Store for making the Fortune 100 list of Best Places to Work for the 12th year. Mayor Stover and Councilmember Hinojosa-Flores will be attending the State of the City address for Mayor Herb Gears with the City of Irving. Finally, the Boy Scout Red & Gold Banquet is this weekend. 21. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell. B. Coppell ISD – Mahalik and Hinojosa-Flores. C. Coppell Seniors – Brancheau and Faught. cm012511 Page 8 of 10 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 Lewisville ISD has named Dr. Steve Waddell, formerly of Birdville ISD, as its new Superintendant. A rezoning meeting will be held on January 27th for the new Ninth and Tenth Grade Center. Finally, Carrollton/Farmers Branch ISD will vote in May on whether to separate the district into two. B. Councilmember Mahalik announced that Coppell ISD Public Service Academy is having a Health and Education Expo on January 29th at Coppell High School. Coppell ISD has also earned the Highest Financial Rating for Superior Achievement. C. Councilmember Faught informed Council that the Senior Center will have a Fashion Show by Christopher & Banks on February 7th at 11 am. The Valentines Breakfast will be February 14th. The Monthly Birthday Bash will be February 23rd. Casino Night is scheduled for March 5th with doors opening at 4 pm. D. Councilmember Hunt reported on a joint meeting with DRMC and the Tarrant County equivalent to discuss initiatives for the Cotton Belt and alternative financing options. E. Nothing to report. F. Councilmember Tunnell reported that all were talking favorably about Police Chief Tristan and how lucky Coppell was to have him working here. G. Nothing to report. H. Councilmember Hinojosa-Flores informed Council that the Metrocrest Medical Foundation is in their new clinic. They are working to establish a relationship with Medical City Dallas and HCA to get a new physician. They would like to inform the public about their new dermatology and diabetes clinics. I. Councilmember Franklin reported that Metrocrest Social Services is moving to 13801 Hutton Drive in Farmers Branch. J. Nothing to report. K. Councilmember Hunt reported that the focus of the North Texas Commission is on the Super Bowl with regard to transportation cm012511 Page 9 of 10 and retail. She also reported that former NTC president Dan Petty recently passed away. His services were held on January 18th. L. Councilmember Franklin reported that the Senior Adult Services is planning a retreat on February 5th and 6th in Carrollton. They are also planning a Tour of Sam Pack’s private collection on March 5th. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.072 – Deliberation regarding Real Property. 1. Seek legal advice from the City Attorney concerning the settlement and land purchase agreements with the Billingsleys at Northlake. Mayor Stover reconvened into Executive Session at 10:45 p.m. Mayor Stover adjourned the Executive Session at 11:19 p.m. 22. Necessary action resulting from Executive Session. Nothing to report. Adjournment. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Christel Pettinos, City Secretary cm012511 Page 10 of 10 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Finance February 8, 2011 11 ✔ RESOLUTION Consider approval of a resolution to suspend the proposed increase in rates requested by Oncor Electric Delivery Company, providing that the rates of the said company be suspended, providing for notice hereof to said company and authorizing the Mayor to sign. Staff recommends approval of this resolution to suspend Oncor's proposed rate increase, and requires Oncor to maintain their current rate structure for up to 90 days. Suspending the effective date for an additional 90 days will allow the City's rate consultants to evaluate the filing and possibly pursue a settlement. Oncor is seeking to increase transmission and distribution rates, this increase would generate $353 million in revenue and increase rates for the average residential customer by 14.6% or by approximately $60 per year. This proposed filing would increase Oncor's commercial rates by 15.3%, and increase the City's street lighting rates by 25.9%. Staff recommends approval. $TXU-1AR 1669-23 816 Congress Avenue, Suite 1900 Austin, Texas 78701 Telephone: (512) 322-5800 Facsimile: (512) 472-0532 www.lglawfirm.com Mr. Brocato’s Direct Line: (512) 322-5857 Email: tbrocato@lglawfirm.com M E M O R A N D U M TO: Steering Committee of Cities Served by Oncor Members FROM: Geoffrey Gay Thomas Brocato DATE: January 7, 2011 RE: Oncor Electric Delivery Company's Statement of Intent to Increase Rates Suspension Packet ACTION REQUIRED TO SUSPEND THE EFFECTIVE DATE BY FEBRUARY 14, 2011 Oncor is filing a Statement of Intent to Increase Rates today with all cities in its service area that retain original jurisdiction. The Company is seeking a $353 million rate increase. If approved, the $353 million increase would raise rates for the average residential customer by $60 per year. The rate increase requested by Oncor will become effective on February 14, 2011, unless the city takes action to suspend the effective date. The statute permits cities to extend the effective date by up to 90 days in order to study the filing. The city must take action to suspend the effective date by February 14, 2011. If your city does not have a regular council meeting scheduled before February 14th or is otherwise unable to take action on the suspension resolution by February 14th, please contact me as soon as possible. Attached to this memo is a model suspension resolution and staff report. In the past, Oncor local managers have provided cities with a model denial resolution and may recommend that the city immediately deny the rate request. If this occurs, we do not recommend that you deny the request at this time. Suspending the effective date allows cities more time to review the application and decide on the final action, including settlement or denial of Oncor's requested rate increase. The Steering Committee of Cities Served by Oncor will hold a conference call of all Steering Committee members later this month to discuss Oncor's rate request. During the call there will also be an opportunity for Steering Committee members to discuss strategy with Steering Committee consultants and attorneys. If you have any questions, please feel free to contact Geoffrey (512/322-5875, ggay@lglawfirm.com) or Thomas (512/322-5857, tbrocato@lglawfirm.com). STAFF REPORT ***ACTION MUST BE TAKEN TO SUSPEND THE EFFECTIVE DATE ON OR BEFORE FEBRUARY 14, 2011*** PURPOSE Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application on or about January 7, 2011 with cities retaining original jurisdiction seeking to increase system-wide transmission and distribution rates by $353 million. The Company asks the City to approve a 14.6% increase in residential rates, a 15.5% increase in commercial rates, and a 25.9% increase in street lighting rates. According to Oncor, annual rates would increase by approximately $60 for an average residential customer. The resolution suspends the February 14, 2011 effective date of the Company's rate increase for the maximum period permitted by law to allow the City, working in conjunction with the Steering Committee of Cities Served by Oncor, to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue. The law provides that a rate request made by an electric utility cannot become effective until at least 35 days following the filing of the application to change rates. The law permits the City to suspend the rate change for 90 days after the date the rate change would otherwise be effective. If the City fails to take some action regarding the filing before the effective date, Oncor's rate request is deemed administratively approved. DISCUSSION The City of Coppell is a member of a 146-city coalition known as the Steering Committee of Cities Served by Oncor ("Steering Committee"). The Steering Committee has been in existence since the late 1980s. It took on a formal structure in the early 1990s when cities served by the former TXU gave up their statutory right to rate case expense reimbursement in exchange for higher franchise fee payments. Empowered by city resolutions and funded by per capita assessments, the Steering Committee has been the primary public interest advocate before the Public Utility Commission, the Courts, and the Legislature on electric utility regulation matters for the last 20 years. The current filing comes 15 months following the implementation of Oncor’s last rate increase. That case is currently on appeal. Explanation of "Be It Resolved" Paragraphs: Section 1. The City is authorized to suspend the rate change for 90 days after the date that the rate change would otherwise be effective for any legitimate purpose. Time to study and investigate the application is always a legitimate purpose. Please note that the resolution refers to the suspension period as “the maximum period allowed by law” rather than ending by a specific date. This is because the Company controls the effective date and can extend the deadline for final city action to increase the time that the City retains jurisdiction if necessary to reach settlement on the case. If the suspension period is not otherwise extended by the Company, the City must take final action on Oncor's request to raise rates by February 14, 2011. Section 2. This provision authorizes the Steering Committee, consistent with the City's resolution approving membership in the Steering Committee, to act on behalf of the City at the local level in settlement discussions, in preparation of a rate ordinance, on appeal of the rate ordinance to the PUC, and on appeal to the Courts. Negotiating clout and efficiency are enhanced by the City cooperating with the Steering Committee in a common review and common purpose. Additionally, rate case expenses are minimized when the Steering Committee hires one set of attorneys and experts who work under the guidance and control of the Executive Committee of the Steering Committee. Section 3. The Company will reimburse the Steering Committee for its reasonable rate case expenses. Legal counsel and consultants approved by the Executive Committee of the Steering Committee will submit monthly invoices that will be forwarded to Oncor for reimbursement. No individual city incurs liability for payment of rate case expenses by adopting a suspension resolution. Section 4. This section merely recites that the resolution was passed at a meeting that was open to the public and that the consideration of the Resolution was properly noticed. Section 5. This section provides that both Oncor and Steering Committee counsel will be notified of the City’s action by sending a copy of the approved and signed resolution to certain designated individuals. STEERING COMMITTEE CITIES (146) Addison Allen Alvarado Andrews Anna Archer City Argyle Arlington Bedford Bellmead Belton Benbrook Beverly Hills Big Spring Breckenridge Bridgeport Brownwood Buffalo Burkburnett Burleson Caddo Mills Cameron Canton Carrollton Cedar Hill Celina Centerville Cleburne Coahoma Colleyville Collinsville Comanche Commerce Coppell Copperas Cove Corinth Crowley Dallas Dalworthington Gardens DeLeon De Soto Denison Duncanville Early Eastland Edgecliff Village Euless Everman Fairview Farmers Branch Fate Flower Mound Forest Hill Fort Worth Frisco Frost Gainesville Garland Glenn Heights Grand Prairie Granger Grapevine Gunter Haltom City Harker Heights Henrietta Hewitt Highland Park Honey Grove Howe Hurst Hutto Iowa Park Irving Jolly Josephine Justin Kaufman Keller Kerens Krum Lake Worth Lakeside Lamesa Lancaster Lewisville Lindale Little Elm Little River Academy Malakoff Mansfield McKinney Mesquite Midland Midlothian Murchison Murphy Nacogdoches New Chapel Hill North Richland Hills Oak Leaf Oak Point Odessa O’Donnell Ovilla Palestine Pantego Paris Plano Pottsboro Prosper Ranger Rhome Richardson Richland Hills River Oaks Roanoke Robinson Rockwall Rosser Rowlett Sachse Saginaw Seagoville Sherman Snyder Southlake Springtown Stephenville Sulphur Springs Sunnyvale Sweetwater Temple Terrell The Colony Tyler University Park Venus Waco Watauga Waxahachie White Settlement Wichita Falls Willow Park Woodway Wylie 567089_1 RESOLUTION NO. ____________________ RESOLUTION OF THE CITY OF COPPELL SUSPENDING THE FEBRUARY 14, 2011, EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY COMPANY’S REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL FOR THE STEERING COMMITTEE WHEREAS, on or about January 7, 2011, Oncor Electric Delivery Company (Oncor), pursuant to PURA §§ 33.001 and 36.001 filed with the City of Coppell a Statement of Intent to increase electric transmission and distribution rates in all municipalities exercising original jurisdiction within its service area effective February 14, 2011; and WHEREAS, the City of Coppell is a member of the Steering Committee of Cities Served by Oncor (“Steering Committee”) and will cooperate with the 146 similarly situated city members and other city participants in conducting a review of the Company’s application and to hire and direct legal counsel and consultants and to prepare a common response and to negotiate with the Company prior to getting reasonable rates and direct any necessary litigation; and WHEREAS, PURA § 36.108 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days after the date the rate change would otherwise be effective; and WHEREAS, PURA § 33.023 provides that costs incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: 1. That the February 14, 2011 effective date of the rate request submitted by Oncor on or about January 7, 2011, be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. 1240172 1 2. As indicated in the City’s resolution approving membership in the Steering Committee, the Executive Committee of Steering Committee is authorized to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations regarding reasonable rates, and to intervene and direct any necessary administrative proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed with the City or Public Utility Commission. 3. That the City’s reasonable rate case expenses shall be reimbursed by Oncor. 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. 5. A copy of this Resolution shall be sent to Oncor, care of Autry Warren, Oncor Electric Delivery Company, LLC, 1601 Bryan St., 23rd Floor, Dallas, Texas 75201 and to Geoffrey Gay, General Counsel to the Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED this the __________ day of _________________________, 2011. APPROVED: _____________________________ Douglas N. Stover, Mayor ATTEST: _____________________________ Christel Pettinos, City Secretary APPROVED AS TO FORM: _____________________________ City Attorney 1240172 2 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Fire/Building Insp. February 8, 2011 12 ✔✔ ORDINANCE Consider approval of an amendment to the Sign Ordinance prohibiting handheld signs and inflatable signs, providing an effective date, and authorizing the Mayor to sign. Staff recommends approval. (01BI Sign Ordinance AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES, BY AMENDING SECTION 6- 15-2, “DEFINITIONS”, TO PROVIDE FOR HAND HELD SIGNS AND INFLATABLE SIGNS; AND, BY AMENDING SECTION 6-15-5, “PROVISIONS FOR ALL ZONING DISTRICTS”, SUBSECTION 2, BY ADDING (C) TO PROVIDE SPECIAL CONDITIONS THAT ALLOW FOR HAND HELD SIGNS AS A SPECIAL PURPOSE SIGN, AND SUBSECTION 3, BY ADDING (L) AND (M) PROHIBITING HAND HELD SIGNS AND INFLATABLE SIGNS, RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article 6-15 of the Code of Ordinances provides for temporary signs within the City of Coppell; and WHEREAS, a review of said Article indicates that the City currently does not have any provisions for hand-held signs and inflatable signs, as defined herein; and WHEREAS, the City desires to define each type of sign and provides for such definitions in Section 6-15-2; and WHEREAS, the City further desires to prohibit such signs, except as set forth in Section 6- 15-5, subsection 2; and WHEREAS, after review and discussion, the City Council has determined that Article 6-15 should be amended as provided herein by adding provisions governing hand-held signs and inflatable signs; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Code of Ordinances of the City of Coppell, Texas, as heretofore amended, be, and the same is hereby amended by amending Section 6-15-2, “Definitions”, to provide for hand held signs and inflatable signs, which shall read as follows: 1 TM 47603.2.222011 “Sec. 6-15-2. Definitions. Unless the context clearly indicates otherwise, the following words and phrases shall have meanings respectively ascribed to them by this section. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1981, shall be considered as providing ordinarily accepted meanings. . . . . . Sign, detached means any sign connected to the ground that is not an attached, portable or vehicle sign. Sign, hand-held means any sign held, supported or displayed by a person, standing, sitting or otherwise in control of such signs out-of-doors or outside of a business or by a person or the display of a costume, apparel, outfit or dress designated and which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business product, service, event or location. Sign, inflatable means any sign or any object, the structure of which holds its shape through the use of a continuous operation of a fan or inflation device which supply gaseous or ambient air to the structure or which is filled with air or similar gases placed to draw attention to a business, product, service or premise, regardless of whether it contains an advertised message. Sign, monument means any detached sign which is of monolithic or semi- monolithic construction being made from masonry, concrete materials, wood or plastic provided that a masonry base is incorporated into the sign, with no separation between the base of the sign and grade. (See Appendix Illustration 17) . . . . .” SECTION 2. That Code of Ordinances of the City of Coppell, Texas, as heretofore amended, be, and the same is hereby amended by amending Section 6-15-5, Subsection 2, by adding (C) to provide special conditions that allow for hand held signs as a special purpose sign, and Subsection 3, by adding (L) and (M) prohibiting hand held signs and inflatable signs, respectively, which shall read as follows: “Sec. 6-15-5. Provisions for all zoning districts. 1. Imitation of traffic and emergency signs prohibited: . . . . . 2 TM 47603.2.222011 2. Special purpose signs: (A) . . . . . (B) . . . . . (C) Hand-held signs for nonprofit events displayed on the day of the event, but only if located at least five foot (5’) setback from the public right- of-way. The city manager, chief building official or their designees or public safety officer may direct that such signage be removed in order to provide for the safe movement of vehicles and pedestrians. 3. Prohibited signs: The following types of signs are specifically prohibited. . . . . . (L) Hand-held signs, except as provided in 2(C) of this section; (M) Inflatable signs”. . SECTION 3. That all ordinances and provisions of the Ordinances of the City of Coppell, Texas in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, phrase, paragraph, section or portion of this ordinance, or of the Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or of the Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. 3 TM 47603.2.222011 SECTION 6. That any person, firm or corporation violating any of the provisions of this ordinance or of the ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day said violation is continued shall constitute a separate offense. SECTION 7. That this ordinance shall become effective immediately from and after its passage and publication of the caption as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _____ day of __________, 2011. APPROVED: DOUGLAS N. STOVER, MAYOR ATTEST: _______ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb) 4 TM 47603.2.222011 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES, BY AMENDING SECTION 6- 15-2, “DEFINITIONS”, TO PROVIDE FOR HAND HELD SIGNS AND INFLATABLE SIGNS; AND, BY AMENDING SECTION 6-15-5, “PROVISIONS FOR ALL ZONING DISTRICTS”, SUBSECTION 2, BY ADDING (C) TO PROVIDE SPECIAL CONDITIONS THAT ALLOW FOR HAND HELD SIGNS AS A SPECIAL PURPOSE SIGN, AND SUBSECTION 3, BY ADDING (L) AND (M) PROHIBITING HAND HELD SIGNS AND INFLATABLE SIGNS, RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of Coppell, Texas, this the _____ day of __________, 2011. APPROVED: DOUGLAS N. STOVER, MAYOR ATTEST: _______ CHRISTEL PETTINOS, CITY SECRETARY TM 47603.2.222011 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Parks and Recreation February 8, 2011 13 ✔ CONTRACT/BID or PROPOSAL Consider approval of an addendum to the Construction Manager at Risk Agreement with EMJ Construction, to establish the guaranteed maximum price of $5,779,028.00, for the expansion of the Aquatics and Recreation Center; and authorizing the President of the CRDC and the City Manager to sign. See attached memo. Funds are available from the CRDC 1/2 cent sales tax for this addendum. Staff recommends approval. ^EMJ Construction - 1 AR PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: February 8, 2011 To: Mayor and City Council From: Brad Reid, Director Re: Consider approval of an addendum to the Construction Manager at Risk contract with EMJ Construction to establish the Guaranteed Maximum Price of $5,779,028.00 for the expansion of the Aquatics and Recreation Center, and authorizing the President of the CRDC and the City Manager to sign. Background: A potential expansion of the Coppell Aquatics and Recreation Center has been discussed by the community and by the Coppell Recreation Development Corporation since approximately 2004. The idea of expanding the center made it to the CRDC Annual Project Priority Listing in 2004-05, and has remained on the list every year since that time. An expansion has been discussed by citizens at Parks and Recreation Master Plan focus group meetings in May of 2006, during the 2008 deliberations while creating the Coppell 2030 Strategic Plan, and during citizen input session regarding the expansion in 2009. The firm of Brinkley Sargent Architects was commissioned by the Coppell Recreation Development Corporation in June 2008 to begin developing concepts for a potential expansion. During April and May of 2009, Brinkley Sargent presented concepts to the CRDC and the City Council which reflected the desire of the community, the Board and the staff based on numerous opportunities for input. At the June 2, 2009 City Council Budget Hearing, staff was directed by the City Council to move forward with the design and given specific instructions as to the particular elements that should be included. The Guaranteed Maximum Price as submitted by EMJ Construction reflects the construction cost associated with providing these elements. In July of 2010, EMJ Construction was contracted as the Construction Manager at Risk for this project. EMJ presented a Preliminary Design Development Budget to the project team in August 2010. This budget is slightly higher than the overall project budget as was established at the time of the Schematic Design. This total project budget is $6,982,377.00, exclusive of the Project Inspector’s fee. The budget that was established at the Schematic Design phase was $6,919,971.00, exclusive of the Project Inspector’s fee. Brinkley Sargent Architects finalized the construction documents in November 2010 and EMJ Construction solicited competitive subcontracted bids for all trades through the open market via local newspaper, electronic bidding outlets, DWF area plan rooms and minority business outlets. EMJ held a pre-construction meeting with prospective bidders on December 9, 2010. At this time, EMJ pre-qualified potential sub-contractors to ensure proper experience and financial capabilities of the bidders. On December 16, 2010, EMJ received 132 bids from all subcontractors interested in the project. Representatives from the City of Coppell Purchasing and Parks and Recreation Departments were present to witness the receipt and handling of the bids. EMJ has established that the lowest bids receive in all trades are qualified to perform the outlined work and has established the Guaranteed Maximum Price (GMP) based on these bids. The GMP is proposed at $5,779,028.00. This includes all items as established in the proposed scope of work. There is also $113,498.00 of contractor’s contingency and $100,000.00 of owner’s contingency allowed for in this amount. These amounts have been established to allow the opportunity to swiftly address unforeseen issues that may arise during construction. There was one alternate item bid that could be deducted from the total GMP. The City Council asked for a separate bid for the indoor water slide renovations that would change the “slide-out” to a dedicated area in lieu of the slide discharging into the pool. This change would give staff increased flexibility in programming the indoor pool. The pricing for this item is included in the GMP above. Accepting this deductive alternate item from the project would reduce the GMP by $142,421.00. In addition, during the Design Development Phase of the project, it was noted that the outdoor pool deck is cracking, becoming uneven and in need of repair. An acrylic topping system was added to the bid as a deductive alternate. EMJ bid $70,376.00 on this item, which could be deducted from the total. The acceptance of these two deductive alternates would bring the GMP to $5,566,231. Not included in this GMP, but allowed for in the project budget are the furniture and equipment for the expansion, along with incidentals such as professional services and reimbursables, along with a 2% project contingency which will be utilized only should unforeseen items arise. City Council Action requested: Consider approval of an addendum to the contract with EMJ Construction, establishing the Guaranteed Maximum Price of $5,779,028.00 for the expansion of the Aquatics and Recreation Center and authorizing the appropriate signatures. Staff Recommendation: Approval of this item. WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Fire February 8, 2011 14 ✔ CONTRACT/BID or PROPOSAL Consider approval of a Change Order to the Fire Department Apparatus purchase in the amount of $49,998 for improvement items that have been recommended during the construction of the apparatus, and authorizing the City Manager to sign. On October 12, 2010 Council approved the budgeted purchase of four (4) fire trucks. This Change Order is being submitted for unforeseen issues, during construction, which will result in overall improvements of the final product and will fall within the Council approved budgeted amount. The recommended approvement items are listed on the staff memo. Funds are available in the Fire Department - Fire Equipment account for this change order. (01-04-09-5290) Staff recommends approval. (Fire Apparatus Change Order - 1 AR   MEMORANDUM TO: Mayor and City Council Via Clay Phillips, City Manager FROM: Kevin Richardson, Fire Chief DATE: February 2, 2011 REF: City Council Agenda, February 8, 2001, Item # 14 Fire Apparatus Change Order Coppell City Council approved the budgeted purchase of four (4) Fire Trucks during the October 12, 2010 meeting. Fire Department staff has worked closely with Fleet Services and the vendor regarding design and specifications of the units. Purchase orders have been processed and the construction of the units is well under way. As a result, a few items are being presented along with a Change Order request to accommodate recommendations and improvements during construction of the units. Pierce Aerial Ladder, Protective Paint/Coating $ 9,842.00 Steering Controls $ 3,810.00 Whelen PFP1 Emergency Lights $ 9,000.00 CTech Drawers/Compartments $ 3,984.00 Notched Cab for Coleman AC Unit $11,916.00 Zico Rear Ladder $ 3,300.00 TFT Ball Intake Valves $ 8,146.00 Total $49,998.00 The design and specification phases are based on theory and it is common for Change Orders to occur during actual construction. The submitted changes are all based on unforeseen issues and will result in overall improvements of the final product. Original purchase amount was below budgeted funding with the expectation for change orders to occur. Staff has reviewed the Change Order and recommends approval. WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary February 8, 2011 15 ✔ RESOLUTION Consider approval of a Resolution calling the Regular Municipal Election for Councilmembers Place 1, 3, 5 and 7 for Saturday, May 14, 2011; authorizing the City Manager to enter into and sign a Joint Election Agreement and Election Service Contract with Dallas County Elections Department for conducting the Municipal Election; and authorizing the Mayor to sign. Funds for the contract have been budgeted in the City Secretary Election account. (01-02-41-4290) Staff recommends approval. %callelection RESOLUTION NO. ___________________ ORDER OF GENERAL ELECTION May 14, 2011 BE IT REMEMBERED THAT on this the 8th day of February, 2011, at a duly posted meeting of the City Council of the City of Coppell, Texas, a quorum being present, the meeting was called to order and the Council issued the following order: IT IS HEREBY ORDERED that a general election be held on the 14th day of May, 2011, 7:00 a.m. to 7:00 p.m., for the purpose of electing one Councilmember for Place 1, one Councilmember for Place 3, one Councilmember for Place 5, and one Councilmember for Place 7. The election shall be held as a Joint Election administered by the Dallas County Elections Administrator and the Denton County Elections Administrator, respectively, in accordance with the provisions of the Texas Election Code and a Joint Election Agreement with each of the respective counties. The candidate for such office receiving a majority of all votes cast for all candidates for such office shall be elected to serve such term or until his or her successor is duly elected and qualified. In the event any candidate for said office fails to receive a majority of all votes cast for all the candidates for such office, a run-off election shall be held. If a run-off election becomes necessary, the run-off election will be held on Saturday, June 11, 2011. The Dallas County Elections Administrator and the Denton County Elections Administrator, respectfully, will conduct the Election. Page 1 TM 47567.2.12811 A Presiding Election Judge and an Alternate Presiding Election Judge shall be appointed in accordance with the Joint Election Agreements. Early voting by personal appearance shall be conducted at the Town Center Atrium, 255 Parkway Boulevard, Coppell, Texas 75019. Early voting will be conducted on weekdays beginning Monday, May 2, 2011 through Friday, May 6, 2011, 8:00 a.m. - 5:00 p.m.; Saturday, May 7, 2011, 8:00 a.m. - 5:00 p.m.; Sunday, May 8, 2011, 1:00 p.m. - 6:00 p.m.; and Monday, May 9, 2011 and Tuesday, May 10, 2011, 7:00 a.m. - 7:00 p.m. Qualified residents of Coppell may vote early in the Joint Election by personal appearance at either the Coppell Town Center or at any of the other branch locations, as published by Dallas County and by Denton County, respectively, in accordance with the Joint Election Agreements. Application for a ballot by mail shall be mailed: for Dallas County, to: Bruce R. Sherbet Chief Deputy Early Voting Clerk Dallas County Elections Department Health & Human Services Building 2377 N. Stemmons Freeway, Suite 820 Dallas, Texas 75207 for Denton County, to: Frank Phillips Elections Administrator Denton County Elections Department P.O. Box 1720 Denton, Texas 76202 Application for ballot by mail must be received no later than the close of business on April 29, 2011. Page 2 TM 47567.2.12811 The City Secretary shall present such returns to the City Council for the canvassing of said election. The canvass of said election returns shall be conducted by the City Council not earlier than the 8th day nor later than the 13th day after the election. DULY ORDERED by the City Council of the City of Coppell, Texas the 8th day of February, 2011. APPROVED: DOUGLAS N. STOVER, MAYOR CITY OF COPPELL, TEXAS ATTEST: _______ CHRISTEL PETTINOS, CITY SECRETARY CITY OF COPPELL, TEXAS APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY Page 3 TM 47567.2.12811 RESOLUCIÓN NÚM. _________________ MANDATO DE CONVOCAR A ELECCIONES GENERALES 14 de mayo de 2011 HÁGASE A MANERA DE RECORDATORIO que en este día 8 del mes de febrero del año 2011, en una reunión debidamente notificada del Ayuntamiento del Municipio de Coppell, Texas, y estando presente el quórum, la reunión se llamó al orden y el ayuntamiento promulgó el mandato a continuación: POR ESTE CONDUCTO SE ORDENA que se convoquen elecciones generales el día 14 de mayo del año 2011, de las 7:00 a.m. a las 7:00 p.m., con el propósito de elegir a un concejal del ayuntamiento para que ocupe el escaño 1, un concejal del ayuntamiento para que ocupe el escaño 3, un concejal del ayuntamiento para que ocupe el escaño 5 y un concejal para que ocupe el escaño 7. Las elecciones deberán llevarse a cabo como una Elección Conjunta administrada por el Administrador de Elecciones del Condado de Dallas y por el Administrador de Elecciones del Condado de Denton, respectivamente, conforme lo establecen las cláusulas del Código Electoral de Texas y el Convenio de Elecciones Conjuntas firmado con cada uno de los respectivos condados. El candidato para ocupar dicho escaño, a quien se le haya otorgado la mayoría de todos los votos decisivos para ocupar dicho escaño, será electo para prestar sus servicios durante esa gestión o hasta que su sucesor(a) sea debidamente electo(a) y llene las cualidades establecidas. En caso de que cualquier candidato a dicho cargo público no logre acumular la mayoría de los votos decisivos entre todos los candidatos a ocupar dicho cargo público, se llevará a cabo una segunda ronda de elecciones posterior a la primaria. Si llegase a ser necesaria una segunda ronda de elecciones posterior a la primaria, dicha ronda de elecciones se llevará a cabo el sábado 11 de junio del año 2011. El Administrador de Elecciones del Condado de Dallas y el Administrador de Elecciones del Condado de Denton, respectivamente, serán quienes dirijan dicha elección. Página 1 TM 47567.2.12811 Se nombrará a un juez electoral y un juez electoral alterno quienes presidirán los comicios electorales apegándose a lo que establecen los Convenios de Elecciones Conjuntas. El ejercicio del voto anticipado, en persona, podrá ejercerse en el atrio del Town Center, ubicado en el 255 Parkway Boulevard, en Coppell, Texas 75019. El voto anticipado podrá ejercerse en días hábiles a partir del lunes 2 de mayo del 2011, hasta el viernes 6 de mayo del 2011, de las 8:00 a.m. a las 5:00 p.m., el sábado 7 de mayo del 2011 de las 8:00 a.m. a las 5:00 p.m., el domingo 8 de mayo del 2011 de la 1:00 p.m. a las 6:00 p.m., el lunes 9 de mayo del 2011 y el martes 10 de mayo del 2011 de las 7:00 a.m. a las 7:00 p.m. Los habitantes que residan en Coppell y cumplan con los requisitos, podrán ejercer el voto anticipado en la Elección Conjunta y en persona ya sea en el Town Center de Coppell o en cualquier otra casilla electoral, según lo publique tanto el Condado de Dallas como el Condado de Denton, apegándose a los Convenios de la Elección Conjunta. Las solicitudes de boletas electorales por correo deberán enviarse a: para el Condado de Dallas, a: Bruce R. Sherbet Chief Deputy Early Voting Clerk Dallas County Elections Department Health & Human Services Building 2377 N. Stemmons Freeway, Suite 820 Dallas, Texas 75207 para el Condado de Denton, a: Frank Phillips Elections Administrator Denton County Elections Department P.O. Box 1720 Denton, Texas 76202 Las solicitudes de las boletas electorales por correo deberán recibirse antes del cierre oficial del día 29 de abril de 2011. La Secretaria del Ayuntamiento deberá presentarle al Ayuntamiento Municipal las boletas devueltas para el escrutinio y salvaguarda de dichas elecciones. Página 2 TM 47567.2.12811 El escrutinio de las boletas electorales devueltas de dichas elecciones deberá llevarse a cabo por conducto del Ayuntamiento Municipal no antes del 8o. día ni después del 13o. día posterior a las elecciones. DEBIDAMENTE ORDENADO por el Ayuntamiento Municipal de Coppell, Texas el día 8 de febrero del año 2011. APROBADO: DOUGLAS N. STOVER - ALCALDE AYUNTAMIENTO MUNICIPAL DE COPPELL, TEXAS ATESTIGUÓ: _______ CHRISTEL PETTINOS - SECRETARIA DEL AYUNTAMIENTO AYUNTAMIENTO MUNICIPAL DE COPPELL, TEXAS APROBADO POR SU CONTENIDO Y FORMA: ROBERT E. HAGER – PROCURADOR DE JUSTICIA DEL MUNICIPIO Página 3 TM 47567.2.12811 AGENDA REQUEST FORM DATE: February 8, 2011 ITEM #: 16 CITY MANAGER'S REPORT A. Project Update and Future Agendas. Agenda Request Form - Revised 09/027 Document Name: %manrep AGENDA REQUEST FORM DATE: February 8, 2011 ITEM #: 17 MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: February 8, 2011 ITEM #: 18 PUBLIC SERVICE ANNOUNCEMENTS CONCERNING ITEMS OF COMMUNITY INTEREST AND NO COUNCIL ACTION OR DELIBERATION IS PERMITTED Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: February 8, 2011 ITEM #: 19 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: February 8, 2011 Department Submissions: Item Nos. 8 and 13 were placed on the Agenda for the above-referenced City Council meeting by the Parks and Recreation Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Parks and Recreation Department Item Nos. 9, 12, and 14 were placed on the Agenda for the above- referenced City Council meeting by the Fire Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Fire Department Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-referenced City Council Meeting and have inserted any financial comments where appropriate. ____________________ Finance Department CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: February 8, 2011 Department Submissions: City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting and hereby submit the same to the City Council for consideration. ____________________ City Manager (or Deputy City Manager)