CM 2013-10-22CFFELL
City of Coppell, Texas
Minutes
City Council
255 Parkway Boulevard
Coppell, Texas 75019 -9478
Tuesday, October 22, 2013 5:30 PM Council Chambers
Amended
KAREN HUNT BILLY FAUGHT
Mayor Mayor Pro Tern
TIM BRANCHEAU BOB MAHALIK
Place 1 Place 2
WES MAYS GARY RODEN
Place 3 Place 4
MARVIN FRANKLIN AARON DUNCAN
Place 6 Place 7
CLAY PHILLIPS
City Manager
Present 8 - Karen Hunt-,Billy Faught;Tim Brancheau;Bob Mahalik;Wes Mays-,Gary
Roden-,Marvin Franklin and Aaron Duncan
Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City
Attorney Robert Hager.
The City Council of the City of Coppell met in Regular Called Session on Tuesday,
October 22, 2013, at 5:30 p.m. in the City Council Chambers of Town Center, 255
Parkway Boulevard, Coppell, Texas.
1. Call to Order
At this time, City Council convened into Work Session at 5:37 p.m. to hear the
Legislative Update from Dan Shelley and Fred Hill. Councilmembers Marvin
Franklin and Aaron Duncan arrived during Work Session.
City Council recessed Work Session at 6:10 p.m. and convened into the
Executive Session at 6:17 p.m.
2. Executive Session (Closed to the Public) 1st Floor Conference Room
Section 551.071, Texas Government Code - Consultation with City Attorney.
A. Consultation with the City Attorney in regards to Cause Number
City of Coppell, Texas Page 1
City Council Minutes October 22, 2013
05 -10- 00283 -CV, styled Mira Mar Development Corporation v. City of
Coppell, Texas.
Discussed under Executive Session
B. Consultation with City Attorney regarding Temporary Off Premises
Signs.
Discussed under Executive Session
Section 551.071, Texas Government Code - Consultation with City Attorney and Section
551.076, Texas Government Code - Deliberation regarding Security Devices.
C. Discussion regarding conduct under the Texas Open Meeting Act;
Home Rule Charter, Article 3, The City Council; and, the Code of
Ordinances, Article 1 -13, Code of Conduct.
Discussed under Executive Session
Section 551.074, Texas Government Code - Personnel Matters.
D. Discussion regarding City Manager Evaluation for FY 2013 -2014.
Not discussed in Executive Session
3. Work Session (Open to the Public) 1st Floor Conference Room
City Council adjourned the Executive Session at 7:30 p.m. and reconvened into
the Regular Session.
A. Legislative Update by Dan Shelley and Fred Hill.
B. Selection of Voting Delegate and Alternate for NLC's Annual
Business Meeting.
C. Discussion regarding Board & Commission Appointees.
D. Discussion regarding Solicitors Ordinance.
E. Discussion of Agenda Items.
Regular Session
4. Invocation 7:30 p.m.
Reverend Dale Patterson with Hackberry Creek Church gave the Invocation.
5. Pledge of Allegiance
Mayor Hunt led those present in the Pledge of Allegiance.
6. Consider approval of a Proclamation naming the week of October
23 -31, 2013 as "Red Ribbon Week," and authorizing the Mayor to sign.
City of Coppell, Texas Page 2
City Council Minutes October 22, 2013
Mayor Hunt read the proclamation into the record and presented the same to
Deputy Chief Chris Aulbaugh, Captain Tony Pletcher, Officer Peter Dirks and
McGruff the Crime Dog. A motion was made by Councilmember Marvin
Franklin, seconded by Councilmember Bob Mahalik, that this Agenda Item be
approved. The motion passed by an unanimous vote.
Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim
Brancheau;Councilmember Bob Mahalik;Councilmember Wes
Mays;CounciImember Gary Roden -,Council member Marvin Franklin and
Council member Aaron Duncan
7. Consider approval of a proclamation naming the week of November
4 -8, 2013 as "Municipal Courts Week ", and authorizing the Mayor to
sign.
Mayor Hunt read the proclamation into the record and presented the same to
the Honorable Judge Marian Moseley, Honorable Terry Landwehr, Honorable
Kim Nesbitt, Court Administrator Rosie Caballero, Administrative Supervisor
Latrice Johnson, Records Supervisor Chiquita Taylor and Marshall Bruce Kyer.
A motion was made by Mayor Pro Tern Billy Faught, seconded by
Councilmember Aaron Duncan, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim
Brancheau;Councilmember Bob Mahalik;Councilmember Wes
Mays;CounciImember Gary Roden -,Council member Marvin Franklin and
Council member Aaron Duncan
8. Report by the Park Board.
Read and Filed
Jack Clark, Vice President, gave the board's semi - annual report.
9. Citizens' Appearance
Mayor Hunt asked for those who signed up to speak:
1) Thomas Burrows, 138 Wynnpage, spoke in regards to the Sales Tax Election
and election signs.
10. Consent Agenda
A. Consider approval of the minutes: October 8, 2013.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, to approve Agenda Items A -G on the Consent
Agenda. The motion passed by an unanimous vote.
B. Consider approval of award of bid to Sunbelt Pools, in an amount not
to exceed $65,136.00, for the replacement of indoor pool plaster, tile
and coping at the Coppell Aquatic and Recreation Center; and
authorizing the City Manager to sign.
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City Council Minutes October 22, 2013
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, to approve Agenda Items A -G on the Consent
Agenda. The motion passed by an unanimous vote.
C. Consider approval of a three -month extension to the expiration date of
October 9, 2013, for the Blackberry Farm, Preliminary Plat, a
preliminary plat to subdivide 54.8 acres of property to permit the
development of 82 single - family lots and five (5) common area lots,
located on the north side of Sandy Lake Road, approximately 750 feet
northeast of Starleaf Road.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, to approve Agenda Items A -G on the Consent
Agenda. The motion passed by an unanimous vote.
D. Consider approval of an ordinance approving a negotiated settlement
with Atmos Energy Corp., Mid -Tex Division, regarding the Rate Review
Mechanism filing and finding the attached Tariffs implementing new
rates within the corporate city limits of the City of Coppell are just and
reasonable; and authorizing the Mayor to sign.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, to approve Agenda Items A -G on the Consent
Agenda. The motion passed by an unanimous vote.
Enactment No: ORD 2013 -1358
E. Consider approval of an ordinance of the City of Coppell, Texas
amending the Code of Ordinances, by amending Article 9 "General
Regulations ", Section 9 -1 -18 "Dangerous Dogs" by amending
Section 9- 1- 18(B)1 (a) to provide for the imposition of an annual
registration fee as established by resolution of the City Council; and
authorizing the Mayor to sign.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, to approve Agenda Items A -G on the Consent
Agenda. The motion passed by an unanimous vote.
Enactment No: ORD 2013 -1359
F. Consider approval of an ordinance of the City of Coppell, Texas,
amending the Code of Ordinances, by amending Section 6 -2 -2 to
prohibit anyone with a felony conviction or a crime of moral turpitude
from soliciting in person or from employing anyone with a felony
conviction or for a crime of moral turpitude to solicit, and authorizing
the Mayor to sign.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, to approve Agenda Items A -G on the Consent
Agenda. The motion passed by an unanimous vote.
Enactment No: ORD 2013 -1360
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City Council Minutes October 22, 2013
G. Consider approval authorizing a purchase order for four AutoPulseTM
Non - Invasive Cardiac Support Pumps (mechanical CPR devices) from
Zoll AutoPulseTM for the Fire Department, in the amount not to exceed
$64,287.72; and authorizing the City Manager to sign all necessary
documents.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, to approve Agenda Items A -G on the Consent
Agenda. The motion passed by an unanimous vote.
End of Consent Agenda
11. Consider approval of a consulting services agreement with Dan
Shelley in the amount of $96,000.00 beginning October 1, 2013
through September 30, 2015, and authorizing the City Manager to sign
all necessary documents.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Gary Roden, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim
Brancheau;Councilmember Bob Mahalik;Councilmember Wes
Mays;CounciImember Gary Roden -,Council member Marvin Franklin and
Council member Aaron Duncan
12. Consider approval of an ordinance of the City of Coppell, Texas
amending Section 6- 15 -7(B) "Provisions of Temporary off Premises
signs," by adding Subsection C "Electioneering at Polling Locations ";
and authorizing the Mayor to sign.
A motion was made by Mayor Pro Tern Billy Faught, seconded by
Councilmember Aaron Duncan, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim
Brancheau;Councilmember Bob Mahalik;Councilmember Wes
Mays;CounciImember Gary Roden -,Council member Marvin Franklin and
Council member Aaron Duncan
Enactment No: ORD 2013 -1361
13. City Manager Reports
Project Updates and Future Agendas.
City Manager Clay Phillips reported on the additional traffic signals at Sandy
Lake Road. These signals will manage traffic temporarily during the
construction project and will come down once the project is completed. Mr.
Phillips reminded Council that there are only two meetings left in the calendar
year. A special meeting will be called to canvass the election.
14. Mayor and Council Reports
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City Council
Minutes
October 22, 2013
A. Report by Mayor Hunt regarding Make a Child Smile.
B. Report by Mayor Hunt regarding Movie Series in the Plaza.
C. Report by Councilmembers regarding the TML Conference held in
Austin, TX.
A. Mayor Hunt reported on the special holiday program called Make a Child
Smile. This annual program benefits children living in the City of Coppell by
providing holiday gifts for those families who need a little extra help. You may
stop by the City Manager's Office in Town Center between Nov. 1 and Dec. 10
to select a paper ornament. Then, purchase a gift of clothing and/or a toy for
the child, and return the wrapped gift to the City Manager's Office with the
paper ornament attached. The program goal is to provide at least one toy and
one article of clothing for each child. City staff will deliver the gifts prior to
Christmas. Ornaments are available for check -out Monday through Friday, 8
am to 5 pm. You may also contact or email Amy Swaim or Debbie Cravey in
the City Manager's Office.
B. Mayor Hunt also reported on the Movie in the Plaza to be held October 26th
— at dark, in Town Center Plaza. The movie showing will be the Creature from
the Black Lagoon. Wear your costume and get a free snow cone (visit the
Parks and Rec. tent for a ticket). Food will be available for purchase.
C. Councilmembers Franklin and Mays reported on the TML Conference held in
Austin. Councilmember Franklin said the attendance was great and he
attended two retail breakout sessions and one on tourism. Councilmember
Mays reported on his breakout sessions on City Finance and Bond Marketing.
15. Council Committee Reports concerning items of community involvement with no
Council action or deliberation permitted.
16. Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
Nothing to report.
17, Necessary Action from Executive Session
Nothing to report.
At this time, the Council recessed the Regular Session and reconvened into
the Work Session at 8:36 p.m. Council adjourned the Work Session and
reconvened into the Regular Session at 8:54 p.m.
no further business before the city Council, the meeting was
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City of Coppell, Texas
Minutes
City Council
ATT ST:
Christel Pettinos, ity Secretary
Page 7
City of Coppell, Texas
October 22, 2013