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CM 2011-09-13 MINUTES OF SEPTEMBER 13, 2011 The City Council of the City of Coppell met in Regular Called Session on Tuesday, September 13, 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 (absent) Marsha Tunnell, Mayor Pro Tem Tim Brancheau, Councilmember Bob Mahalik, Councilmember Brianna Hinojosa-Flores, Councilmember (late arrival) 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 Pro Tem 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 551.087, Texas Government Code – Economic Development Negotiations. 1.Economic Development Prospects east of Freeport Parkway and north of Bethel Road. 2.Economic Development Prospects west of Freeport Parkway and south of Bethel Road. B.Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1.Seek legal advice from the City Attorney concerning the settlement and land purchase agreements with the Billingsleys at Northlake. C.Section 551.072, Texas Government Code - Deliberation regarding Real Property. cm091311 Page 1 of 12 1. Discussion regarding encroachment on park land. Mayor Pro Tem Tunnell convened into Executive Session at 5:40 p.m. Mayor Pro Tem Tunnell recessed the Executive Session at 6:31 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3.Convene Work Session A.Review and discussion of Proposed Fee Changes. B.Discussion regarding Youth Sports Fees. C.Discussion regarding background checks for Boards and Commission members. D.Discussion of Agenda Items. Councilmember Hinojosa-Flores arrived during Work Session. Mayor Pro Tem Tunnell adjourned Work Session and opened the Regular Session. REGULAR SESSION (Open to the Public) 4.Convene Regular Session. 5.Invocation. Sergeant William Camp led those present in the Invocation. 6.Pledge of Allegiance. Coppell Police Department Color Guard posted the flags and led those present in the Pledge of Allegiance. 7.Presentation by Chief Mac Tristan recognizing members of the Coppell Police and Fire Departments for their life-saving contributions during a life threatening event involving Coppell Police Officer John McArdle on June 7, 2011. cm091311 Page 2 of 12 Presentation: Chief Tristan honored Coppell Police Officers Kirk Smith & Josh Jackson, Waxahachie Officer David Biddle and Duncanville Officers Eddie Edwards and Ben Luna, and the Coppell Fire Department for their life-saving contributions toward Officer John McArdle on June 7, 2011. 8.Citizens' Appearances. Mayor Pro Tem Tunnell advised that no one signed up to speak. 9.Consider approval of the following consent agenda items: A.Consider approval of minutes: August 23, 2011. B.Consider approval of a Resolution approving a letter of support for the creation of a Foreign Trade Zone to be located at 850 Freeport Parkway, Suite 100 in Coppell, Texas, and authorizing the Mayor to sign. C.Consider approval of an Ordinance of the City of Coppell, Texas, amending Ordinance No. 2011-1285, ordering a Special Election to be held on November 8, 2011, by adding provisions for Coppell residents residing in Denton County; and providing an effective date. Considerar la aprobación para un Mandato del Ayuntamiento de la Cuidad de Coppell, Texas reformando el Mandato No. 2011-1285 en el cual se ordena una elección especial a convocarse el 8 de Noviembre del 2011 agregándosele cláusulas aplicables a los habitantes de Coppell en el condado de Denton y contemplándose una feche en vigor. Action: Councilmember Faught moved to postpone Consent Agenda item A and approve item B carrying Resolution No. 2011-0913.1 and item C carrying Ordinance No. 2011-1289. Councilmember Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. cm091311 Page 3 of 12 10.Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2011 through September 30, 2012, and authorizing the Mayor to sign. Presentation: Jennifer Miller, Director of Finance, made a presentation to the Council. Action: Councilmember Franklin moved to approve Ordinance No. 2011-1290 adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2011 through September 30, 2012, and authorizing the Mayor to sign. Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. 11.Consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the year 2011 at .69046/$100 per valuation of which .49577 for operations and maintenance and .19469 for interest and sinking, and authorizing the Mayor to sign. Presentation: Jennifer Miller, Director of Finance, made a presentation to the Council. Action: Councilmember Franklin moved to approve Ordinance No. 2011-1291 levying the ad valorem taxes for the year 2011 at .69046/$100 per valuation of which .49577 for operations and maintenance and .19469 for interest and sinking, and authorizing the Mayor to sign. Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. cm091311 Page 4 of 12 12.Consider approval of re-naming the Quiet Reading Room at the William T. Cozby Public Library, the Bobby E. Hefner Quiet Reading Room as recommended by the Library Advisory Board. Presentation: Vicki Chiavetta, Director of Library Services, made a presentation to the Council. Action: Councilmember Hunt moved to approve the re-naming of the Quiet Reading Room at the William T. Cozby Public Library to the Bobby E. Hefner Quiet Reading Room as recommended by the Library Advisory Board. Councilmember Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. 13.Consider approval of the Park West Commerce Center, Lot 3R, Block 5 (Lanvera), Site Plan, to allow the development of a 85,000-square-foot office/warehouse building to be located at 112 Wrangler Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. John Baldridge, representing the applicant, made a presentation to Council. At this time, Mayor Pro Tem Tunnell convened into Executive Session at 8:22 p.m under Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Pro Tem Tunnell adjourned the Executive Session at 8:30 p.m. and continued the Regular Session. Action: Councilmember Faught moved to approve the Park West Commerce Center, Lot 3R, Block 5 (Lanvera), Site Plan, to allow the development of a 85,000-square-foot office/warehouse building to be located at 112 Wrangler Drive subject to the following conditions: cm091311 Page 5 of 12 1)Execution of the Partial Release of Reciprocal Easement Agreement by the property owner abutting to the east prior filing of the Replat. 2)Approval from Atmos Energy to allow the erection of the monument sign with the existing 50-foot wide easement. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. 14.PUBLIC HEARING: Consider approval of the Park West Commerce Center, Lot 3R, Block 5 (Lanvera), Replat, being a replat of Lot 3, Block 5, of Park West Commerce Center to abandon and establish various easements to allow the development of an office/warehouse building to be located at 112 Wrangler Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. John Baldridge, representing the applicant, made a presentation to Council. Public Hearing: Mayor Pro Tem Tunnell opened the Public Hearing and advised that no one signed up to speak. At this time, Mayor Pro Tem Tunnell convened into Executive Session at 8:40 p.m under Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Pro Tem Tunnell adjourned the Executive Session at 8:51 p.m. and continued the Regular Session. Action: Councilmember Franklin moved to close the public hearing and approve the Park West Commerce Center, Lot 3R, Block 5 (Lanvera), Replat, being a replat of Lot 3, Block 5, of Park West Commerce Center to abandon and establish various easements to allow the development of an office/warehouse building to be located at 112 Wrangler Drive subject to the following conditions: cm091311 Page 6 of 12 1)Execution of the Partial Release of Reciprocal Easement Agreement by the property owner abutting to the east prior filing of the Replat. 2)Notations being included on the Replat with the filing information for the original Reciprocal Easement Agreement as well as the Partial Release of Reciprocal Easement Agreement as herein required to allow for corss reference of these documents. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. 15.PUBLIC HEARING: Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is the property described as Lot 2, Block A of the Freeport North Addition (17.824 acres) and located north of Bethel Road, east of Creekview Drive. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. Public Hearing: Mayor Pro Tem Tunnell opened the Public Hearing and advised that no one signed up to speak. Action: Councilmember Brancheau moved to close the public hearing and approve the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is the property described as Lot 2, Block A of the Freeport North Addition (17.824 acres) and located north of Bethel Road, east of Creekview Drive. Councilmember Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. cm091311 Page 7 of 12 16.Consider approval of an Ordinance designating S.P. Richards Company, Reinvestment Zone No. 63, and authorizing the Mayor to sign. Items 16 and 17 were heard together. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. Action: Councilmember Hinojosa-Flores moved to approve: Item No. 16: Ordinance No. 2011-1292 designating S.P. Richards Company, Reinvestment Zone No. 63, and authorizing the Mayor to sign. And Item No. 17: Resolution No. 2011-0913.2 approving a Tax Abatement Agreement between the City of Coppell and S.P. Richards Company, and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. 17.Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and S.P. Richards Company, and authorizing the Mayor to sign. Items 16 & 17 were considered together. Please see Item 16 for the minutes. cm091311 Page 8 of 12 18.Consider approval of a contract award with JRJ Paving, LP in the amount of $4,645,190.39 for Bid #Q-0811-01 Old Town Coppell and Bethel Road Infrastructure Improvement Project ST 10-02; as provided for in CIP funds; and authorizing the City Manager to sign and execute necessary documents. Presentation: Keith Marvin, Project Engineer, made a presentation to the Council. Action: Councilmember Mahalik moved to approve a contract award with JRJ Paving, LP in the amount of $4,645,190.39 for Bid #Q-0811-01 Old Town Coppell and Bethel Road Infrastructure Improvement Project ST 10-02; as provided for in CIP funds; and authorizing the City Manager to sign and execute necessary documents. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. 19.Consider rescinding an award of a contract with Comm-Fit in the amount of $116,065.40 for fitness equipment for the Coppell Aquatics and Recreation Center, and authorizing the President of the CRDC and the City Manager to execute the necessary action. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to the Council. Action: Councilmember Faught moved to approve rescinding the award of a contract with Comm-Fit in the amount of $116,065.40 for fitness equipment for the Coppell Aquatics and Recreation Center, and authorizing the President of the CRDC and the City Manager to execute the necessary action. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers cm091311 Page 9 of 12 Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. 20.Consider award of bids and authorize purchase orders for fitness equipment for the Coppell Aquatics and Recreation Center to the following vendors and in the amount as follows: Comm-Fit in the amount of $103,645.15 and TKO in the amount of $15,672.70, and authorize the President of the CRDC and the City Manager to execute the necessary action. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to the Council. Action: Councilmember Hinojosa-Flores moved to approve the award of bids and authorizing purchase orders for fitness equipment for the Coppell Aquatics and Recreation Center to the following vendors and in the amount as follows: Comm-Fit in the amount of $103,645.15 and TKO in the amount of $15,672.70, and authorize the President of the CRDC and the City Manager to execute the necessary action. Councilmember Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. 21.Consider an amendment to a contract with Fitco in the additional amount of $12,090.00, for shipping and installation of fitness equipment previously purchased and authorized. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to the Council. Action: Councilmember Brancheau moved to approve an amendment to a contract with Fitco in the additional amount of $12,090.00, for shipping cm091311 Page 10 of 12 and installation of fitness equipment previously purchased and authorized. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. 22.City Manager's Report. A.Project Update and Future Agendas. A. City Manager Clay Phillips reminded everyone of the Sales Tax Election on November 8, 2011. A direct mail piece was sent to all citizens regarding the sales tax initiative. The Chamber of th Commerce will be hosting it’s monthly luncheon on the 4 Friday of each month at the Senior and Community Center. Mr. Phillips th reminded everyone that OakFest is scheduled for October 15, the rd Holiday Festivities and Parade will be held on December 3, and the Board and Commission application process closes on rd September 23. 23.Mayor and Council Reports. A.Report by Mayor Stover on the Metroplex Mayors’ Meeting. Nothing to report. 24.Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Nothing to report. At this time, Mayor Pro Tem Tunnell reconvened into Executive Session at 9:20 p.m. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A.Section 551.087, Texas Government Code – Economic Development Negotiations. cm091311 Page 11 of 12 1. Economic Development Prospects east of Freeport Parkway and north of Bethel Road. 2. Economic Development Prospects west of Freeport Parkway and south of Bethel Road. B. Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Seek legal advice from the City Attorney concerning the settlement and land purchase agreements with the Billingsleys at Northlake. C. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding encroachment on park land. Mayor Pro Tem Tunnell adjourned the Executive Session at 9:47 p.m. 25. 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. A T: Christel Pettinos, City Secreta =091311 Page 12 of 12