CP 2003-02-25
NOTICE OF CITY COUNCIL MEETING AND AGENDA
FEBRUARY 25, 2003
CANDY SHEEHAN, DOUG STOVER, Place 5
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4
JAYNE PETERS, Place 2 DAVE HERRING, Place 6
DIANA RAINES, Place 3 BILL YORK, Place 7
JIM WITT, 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 7:00 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 25, 2003, at 5:30 p.m. for
Executive Session, Work Session will follow immediately thereafter, and Regular
Session will begin at 7:00 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 reser ves 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
REGULAR SESSION (Open to the Public)
1. Call to order.
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ITEM # ITEM DESCRIPTION
COUNCIL PHOTOS WILL BE TAKEN AT THIS TIME IN THE COUNCIL
CHAMBERS.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.072, Texas Government Code - Deliberation regarding
Real Proper ty.
1. Discussion regarding the sale of city proper ty east of
MacAr thur Boulevard and nor th of DeForest.
2. Discussion regarding Land Acquisition west of Coppell Road
and south of Bethel Road.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Update regarding the Tennis Center.
B. Status of 4th of July Celebration.
C. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Invocation.
5. Pledge of Allegiance.
6. Repor t by the Telecommunications Board.
7. Citizen's Appearances.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: Februar y 11, 2003.
B. Consider approval of a Memorandum of Understanding between the
Coppell Chamber of Commerce and the city of Coppell, and
authorizing the Mayor to sign.
C. Consider approval of an Ordinance amending Section 9-11-7 of the
Code of Ordinances, “Facility Scheduling”, as recommended by the
Parks and Recreation Board, and authorizing the Mayor to sign.
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ITEM # ITEM DESCRIPTION
D. Consider approval of granting a utility easement to Oncor Electric to
provide electrical service to the Tennis Center at Wagon Wheel Park,
and authorize the City Manager to sign.
E. Consider approval of an Ordinance to amend Chapter 11, Ar ticle 11,
of the Code of Ordinances, per taining to wastewater treatment, and
authorizing the Mayor to sign.
Resolutions
F. Consider approval of a Resolution endorsing the implementation of a
continuing pretreatment program as required by 40 CFR 403 for the
Central Regional Wastewater System, and authorizing the Mayor to
sign.
END OF CONSENT
9. PUBLIC HEARING:
Consider approval of Case No. S-1205, Marble Slab Creamer y, zoning
change request from TC (Town Center) to TC-S-1205 (Town Center, Special
Use Permit-1205), to allow a 1,100 square-foot ice cream shop at 130
Denton Tap Road.
10. Consider approval of an Ordinance for Case No. S-1205, Marble Slab
Creamer y, zoning change from TC (Town Center) to TC-S-1205 (Town
Center, Special Use Per mit-1205), to allow a 1,100 square-foot ice cream
shop at 130 Denton Tap Road, and authorizing the Mayor to sign.
11. PUBLIC HEARING:
Consider approval of Case No. PD-194R2, Amberpoint Business Park,
zoning change request from PD-194 (Planned Development-194) to PD-
194R2 (Planned Development-194Revision-2) to expand the Planned
Development District to incorporate an additional 9.102 acres increasing
the acreage of the PD to 113.96 acres and to modify the industrial park
identification sign location and design on proper ty located east & west of
Nor thpoint Drive, south of Sandy Lake Road.
12. Consider approval of an Ordinance for Case No. PD-194R2, Amberpoint
Business Park, zoning change from PD-194 (Planned Development-194) to
PD-194R2 (Planned Development-194Revision-2) to expand the Planned
Development District to incorporate an additional 9.102 acres increasing
the acreage of the PD to 113.96 acres and to modify the industrial park
identification sign location and design on proper ty located east & west of
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ITEM # ITEM DESCRIPTION
Nor thpoint Drive, south of Sandy Lake Road, and authorizing the Mayor to
sign.
13. Consider directing the Planning and Zoning Commission to review
inconsistencies between the Comprehensive Plan and the Zoning Ordinance
and bringing forward any recommended zoning changes to Council.
14. Necessary action resulting from Work Session.
15. Mayor and Council Repor ts.
A. Repor t by Mayor Sheehan regarding Regional Transpor tation Task
Fo r c e .
B. Repor t by Mayor Sheehan regarding School Finance Rally at the
Capitol.
C. Repor t by Mayor Sheehan regarding Master Composter Class.
D. Repor t by Councilmember Brancheau regarding Texas Municipal
League Legislative Update.
E. Repor t by Councilmember Peters regarding Senior Adult Services.
16. Necessary Action Resulting from Executive Session.
Adjournment.
____________________________________
Candy Sheehan, Mayor
CERTIFICATE
I cer tify that the above Notice of Meeting was posted on the bulletin board at the
City Hall of the City of Coppell, Texas on this _________ day of _________________,
2003, at __________________.
____________________________________
Libby Ball, City Secretar y
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DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE
ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) 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).
IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political meeting in
the City of Coppell is illegal.
Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier
junta oficial de politica en la ciudad de Coppell.
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KEY TO COUNCIL GOALS ICONS
2002-2003
Economic Development
• Ensure Competitiveness in industrial/commercial growth
• Emphasize strategically identified properties
• Implement Old Town development strategy
• Retain excellent commercial/industrial uses
• Increase visibility of commercial/industrial development opportunities
w/development community
Quality Public Facilities & Infrastructure
• Maintained with adequate funding
• Environmentally sound and appealing landscaping
• Anticipate and plan for future needs
• User friendly
Excellent City Services & High Citizen Satisfaction
• Provide timely and accurate information
• Rapid Response and resolution
• Identify, implement and measure service levels
Hometown Feeling
• Well-informed citizenry
• Participation on boards and commissions, task forces and committees
• Foster a family atmosphere
• Active citizen involvement as partners
• Strong sense of civic pride and identity as Coppell, TX
• Encourage inclusiveness
Quality Development
• Preserve property values
• Attract and retain development tenants
• Emphasize code enforcement
• Maintain community master plan with consideration of impact on city services and
infrastructure
• Maintain visual appeal
Outstanding Leisure & Recreation Amenities & Programs
• Maintain quality and safe parks
• Inclusive opportunities, activities and facilities
• Collaboration w/community groups
• Promote and facilitate community events
Effective Transportation
• Responsive to neighborhood and regional needs and demands
• Safe neighborhood streets
• Effective traffic movement throughout the community
• Evaluate need for regional transportation and determine city's role
Safe Community
• Safe neighborhoods
• Visible and responsive police presence
• Public safety education programs
• Emphasize and educate for emergency preparedness
• Participate in regional security preparation
• Provide safe environment for recreation/leisure activities
• Partner in school safety
DATE: February 25, 2003
ITEM #: ES-2
AGENDA REQUEST FORM
EXECUTIVE SESSION
A. Section 551.072, Texas Government Code - Deliberation regarding Real Property.
1. Discussion regarding the sale of city property east of MacArthur Boulevard and north of
DeForest.
2. Discussion regarding Land Acquisition west of Coppell Road and south of Bethel Road.
CM REVIEW:
Agenda Request Form - Revised 10/02 Document Name: %executivesession
DATE: February 25, 2003
ITEM #: WS-3
AGENDA REQUEST FORM
WORK SESSION
A. Update regarding the Tennis Center.
B. Status of 4th of July Celebration.
C. Discussion of Agenda Items.
CM REVIEW:
Agenda Request Form - Revised 10/02 Document Name: %worksession
DEPT: City Secretary
DATE: February 25, 2003
ITEM #: 6
AGENDA REQUEST FORM
ITEM CAPTION:
Report by the Telecommunications Board.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: %boardreport
DATE: February 25, 2003
ITEM #: 7
AGENDA REQUEST FORM
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: %necessaryactionwork
DEPT: City Secretary
DATE: February 25, 2003
ITEM #: 8/A
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of minutes: February 11, 2003.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: %minutes
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MINUTES OF FEBRUARY 11, 2003
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, February 11, 2003, at 5:30 p.m. in the City Council Chambers of
Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members
were present:
Candy Sheehan, Mayor
Doug Stover, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Diana Raines, Councilmember
Marsha Tunnell, Councilmember
Dave Herring, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, City Secretary Libby Ball and City
Attorney Robert Hager.
REGULAR SESSION (Open to the Public)
1. Call to order.
Mayor Sheehan 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 551.072, Texas Government Code - Deliberation
regarding Real Property.
1. Discussion regarding Land Acquisition west of
Coppell Road and south of Bethel Road.
Mayor Sheehan convened into Executive Session at 5:44 p.m. as allowed
under the above-stated article. Mayor Sheehan adjourned the Executive
Session at 6:01 p.m. and opened the Work Session.
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WORK SESSION (Open to the Public)
3. Convene Work Session
A. Review New City Web Page.
B. Review of Election Procedures.
C. Discussion of Old Coppell Master Plan.
D. Discussion regarding July Celebration.
E. Discussion of Agenda Items.
A. Rick Moore, Director of Information Services, introduced the City's
new web page to council and explained the changes and additions.
There was a call for Executive Session.
EXECUTIVE SESSION (Closed to the Public)
Section 551.071, Texas Government Code - Consultation with
City Attorney
Mayor Sheehan convened into Executive Session at 6:25 p.m. as allowed
under the above-stated article. Mayor Sheehan adjourned the Executive
Session at 6:31 p.m. and continued with the Work Session.
WORK SESSION (Open to the Public)
B. Libby Ball, City Secretary, and Robert E. Hager, City Attorney,
discussed the procedures for the upcoming Municipal Election.
C. The Old Coppell Master Plan was discussed and the consensus
was that it needs to be consistent with the Zoning Ordinance and
the Comprehensive Plan.
D. Jim Witt, City Manager, discussed budgetary aspects of the
July 4th Celebration. Brad Reid, Director of Parks and Recreation,
discussed the budget of several celebration scenarios.
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REGULAR SESSION (Open to the Public)
Mayor Sheehan advised that Item 18 would be pulled from the agenda
and Items 15 and 16 would be continued until February 25, 2003.
4. Invocation.
Pastor Wayne McDonald, Metrocrest Community Church, led those
present in a moment of silence and reflection for the astronauts and
families of the Columbia Space Shuttle, and led the Invocation.
5. Observe a moment of reflection for the Columbia Astronauts
and their families.
See Item 4.
6. Pledge of Allegiance.
Mayor Sheehan led those present in the Pledge of Allegiance.
7. Report by the Coppell Economic Development Corporation.
Bill Rohloff, Chairman of the Coppell Economic Development Committee,
made a presentation to the Council concerning the recent and proposed
activities of the committee.
Councilmember Peters commended the Committee on their participation
in the NAIOP meeting and complimented Economic Development
Coordinator Andrea Roy on her presentation at the meeting.
8. Report by the Regional Transportation Task Force.
Dr. Burt Bryan updated the Council on the activities of the Regional
Transportation Task Force and discussed their upcoming Public Forums
and telephone survey to be conducted in March.
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9. Citizen's Appearances.
A. Blake Stover, 906 Beau Drive, addressed the Council concerning
the Coppell Youth Leadership Run/Walk to benefit the American
Cancer Society.
CONSENT AGENDA
10. Consider approval of the following consent agenda items:
A. Consider approval of minutes: January 28, 2003.
Resolutions
B. Consider approval of a Resolution calling the Regular
Municipal Election for Mayor and Councilmembers
Place 2, Place 4 and Place 6 and a Special Election to fill
the unexpired term for Place 5 for Saturday, May 3, 2003;
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.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A and
B carrying Resolution No. 2003-0211.1. Councilmember Herring
seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover
and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and
York voting in favor of the motion.
11. Consider approval of the Riverview Office Development, Lot 1,
Block A, Site Plan, to allow the development of four office
buildings totaling 19,800-square feet on 2.17 acres of property
located at the southwest corner of Sandy Lake Road and
Riverview Drive.
Presentation:
Gary Sieb, Director of Planning and Economic Development, made a
presentation to the Council.
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Action:
Councilmember York moved to approve the Riverview Office
Development, Lot 1, Block A, Site Plan, to allow the development of four
office buildings totaling 19,800-square feet on 2.17 acres of property
located at the southwest corner of Sandy Lake Road and Riverview Drive;
subject to the following condition:
1) The entire fire lane needs to be constructed prior to any
construction beyond the foundation.
Councilmember Raines seconded the motion; the motion carried 6-1 with
Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines,
Herring and York voting in favor of the motion and Councilmember
Tunnell voting against the motion.
12. Consider approval of the Riverview Office Development, Lot 1,
Block A, Minor Plat, to allow the development of four office
buildings totaling 19,800-square feet on 2.17 acres of property
located at the southwest corner of Sandy Lake Road and
Riverview Drive.
Presentation:
Gary Sieb, Director of Planning and Economic Development, made a
presentation to the Council.
Action:
Councilmember Peters moved to approve the Riverview Office
Development, Lot 1, Block A, Minor Plat, to allow the development of four
office buildings totaling 19,800-square feet on 2.17 acres of property
located at the southwest corner of Sandy Lake Road and Riverview Drive;
subject to the following condition:
1) Easements being provided for Oncor facilities.
Councilmember York seconded the motion; the motion carried 6-1 with
Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines,
Herring and York voting in favor of the motion and Councilmember
Tunnell voting against the motion.
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13. Consider approval of The Mercantile Addition, Lots 1 and 2,
Block A, Site Plan, to allow the development of two office
buildings totaling approximately 21,940 square feet on 2.658
acres of property located along the east side of Denton Tap
Road, north of Belt Line Road.
Presentation:
Gary Sieb, Director of Planning and Economic Development, made a
presentation to the Council.
Action:
Councilmember Tunnell moved to approve The Mercantile Addition, Lots
1 and 2, Block A, Site Plan, to allow the development of two office
buildings totaling approximately 21,940 square feet on 2.658 acres of
property located along the east side of Denton Tap Road, north of Belt
Line Road. Councilmember York seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau,
Peters, Raines, Tunnell, Herring and York voting in favor of the motion.
14. Consider approval of The Mercantile Addition, Lots 1 and 2
Block A, Minor Plat, to allow the development of two office
buildings totaling approximately 21,940 square feet on 2.658
acres of property located along the east side of Denton Tap
Road, north of Belt Line Road.
Action:
Councilmember Tunnell moved to approve The Mercantile Addition, Lots
1 and 2 Block A, Minor Plat, to allow the development of two office
buildings totaling approximately 21,940 square feet on 2.658 acres of
property located along the east side of Denton Tap Road, north of Belt
Line Road. Councilmember York seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau,
Peters, Raines, Tunnell, Herring and York voting in favor of the motion.
15. Consider approval of Case No. S-1205, Marble Slab Creamery,
zoning change request from TC (Town Center) to TC-S-1205
(Town Center, Special Use Permit-1205), to allow a 1,100
square-foot ice cream shop at 130 Denton Tap Road.
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Mayor Sheehan advised that Items 15 and 16 would have the Public
Hearings opened and continued due to posting and publishing
discrepancies.
Action:
Councilmember Tunnell moved to continue Public Hearings for Items 15
and 16 until February 25, 2003. Councilmember York seconded the
motion; the motion carried 7-0 with Mayor Pro Tem Stover and
Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York
voting in favor of the motion.
16. Consider approval of Case No. PD-194R2, Amberpoint Business
Park, zoning change request from PD-194 (Planned
Development-194) to PD-194R2 (Planned Development-
194Revision-2) to expand the Planned Development District to
incorporate an additional 9.102 acres increasing the acreage of
the PD to 113.96 acres and to modify the industrial park
identification sign location and design on property located east
& west of Northpoint Drive, south of Sandy Lake Road.
See Item 15.
17. Consider approval of the Product Support Services, Lot 2,
Block 3, Freeport North, Site Plan, to allow the development of
a 70,000 square-foot office/warehouse building on
approximately 5.66 acres of property located at the southwest
corner of Royal Lane and Gateview Blvd.
Presentation:
Gary Sieb, Director of Planning and Economic Development, made a
presentation to the Council.
Action:
Councilmember York moved to approve the Product Support Services,
Lot 2, Block 3, Freeport North, Site Plan, to allow the development of a
70,000 square-foot office/warehouse building on approximately 5.66
acres of property located at the southwest corner of Royal Lane and
Gateview Blvd. Councilmember Peters seconded the motion; the motion
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Page 8 of 9
carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau,
Peters, Raines, Tunnell, Herring and York voting in favor of the motion.
18. Consider approval of the Product Support Services, Lot 2,
Block 3, Freeport North, Replat, to allow the development of a
70,000 square foot office/warehouse building on approximately
5.66 acres of property located at the southwest corner of Royal
Lane and Gateview Blvd.
Item 18 was pulled from the agenda.
19. Consider directing staff to submit the Old Coppell Master Plan
to the Planning and Zoning Commission for revisions to ensure
consistency with the Zoning Ordinance and the adopted
Comprehensive Plan, and recommend appropriate action.
Action:
Councilmember Peters moved to approve directing staff to submit the Old
Coppell Master Plan to the Planning and Zoning Commission for
revisions to ensure consistency with the Zoning Ordinance and the
adopted Comprehensive Plan, and recommend appropriate action.
Councilmember York seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines,
Tunnell, Herring and York voting in favor of the motion.
20. Necessary action resulting from Work Session.
There was no action necessary under this item.
21. Mayor and Council Reports.
A. Report by Mayor Sheehan regarding Regional
Transportation Task Force Public Forums.
B. Report by Mayor Sheehan regarding Actis Ribbon-Cutting.
C. Report by Mayor Sheehan regarding Leadership Coppell.
D. Report by Councilmember Peters regarding TEX-21
Legislative Caucus.
E. Report by Councilmember Peters regarding the NAIOP
Meeting.
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Page 9 of 9
A. Mayor Sheehan announced that the Regional Transportation Task
Force Public Forums would be held on February 13 and February
18 in Council Chambers.
B. Mayor Sheehan advised that she, City Manager Jim Witt, and
Economic Development Coordinator Andrea Roy had attended the
Actis Ribbon Cutting and it was quite an event with a sit-down
lunch.
C. Mayor Sheehan reported that the first class of Leadership Coppell
would be held February 12 and thanked the alumni association for
the reception they held for the new class.
D. Councilmember Peters advised she had attended a TEX-21
Transportation Legislative Caucus symposium in Austin which was
held to present TEX-21's legislative agenda and to encourage
members of the state legislature to join the TEX-21 Texas-style
legislative caucus. Sen. Florence Shapiro is the co-chair of our
legislative caucus and seven state senators and twenty-four state
representatives have joined. It was announced that newly-elected
state representative and transportation advocate, Linda Harper
Brown, was named to the House Transportation Committee. The
state-wide transportation day at the legislature will be held on
February 26.
E. Councilmember Peters again complemented staff on their job at
the NAIOP meeting.
Mayor Sheehan recognized the Boy Scout who attended the meeting.
22. Necessary Action Resulting from Executive Session.
There was no action necessary under this item.
There being no further business to come before the City Council, the meeting
was adjourned.
____________________________________
Candy Sheehan, Mayor
ATTEST:
______________________________________
Libby Ball, City Secretary
DEPT: City Manager
DATE: February 25, 2003
ITEM #: 8/B
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a Memorandum of Understanding between the Coppell Chamber of
Commerce and the city of Coppell, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS: Funds for the City’s membership to the Chamber have been budgeted in Mayor and
Council, Dues and Memberships. (01-01-01-4340)
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: !Chamber
Exhibit A
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding defines the responsibilities and roles of the City of Coppell
and the Coppell Chamber of Commerce in relationship to Economic Development and
Community Promotion. This Memorandum outlines primary responsibilities, as well as areas of
joint responsibilities with respect to the two parties.
Section I - The Chamber's primary responsibilities shall include:
A. Continue to distribute the new business information packet on-demand.
B. Be the contact point for ribbon-cutting ceremonies, and communicate with the
City's Officer for Public Information regarding these ceremonies and the City's role, if any.
C. Provide a forum for the Mayor's report at the Chamber's luncheons.
D. Advertise City activities, including parades, meetings and other special events in
the Chamber's newsletter.
E. Develop a membership guide in cooperation with the City which includes a report
on the City's activities, as well as relevant social and economic data.
F. As necessary, provide City Council candidate forums at a monthly luncheon on
City elections. Also, provide forums on any special elections the City may hold during a
particular fiscal year.
G. The Chamber will provide a forum with Chamber business leaders to discuss key
legislative issues; for example, air quality, regional transportation and Robin Hood. If the
Chamber takes a position, said position shall be made known to the area legislatures and the city
of Coppell.
H. The Chamber shall develop a sponsored map of the City to be utilized by the
Chamber in their new business information packet.
Section II - The City's primary responsibilities shall include:
A. The City shall have the primary responsibility for providing social/economic data
to the Chamber of Commerce.
Exhibit A
B. The City will be prepared to sponsor a "state of the City" address in June to be
coordinated by the Chamber during a regular meeting or a special event as mutually agreed upon.
C. The City shall have primary responsibility for economic development and shall
provide appropriate staff as determined by the City Manager.
Section III - Joint Responsibilities shall include:
A. The Chamber and City shall continue to appoint members to the Coppell
Economic Development Partnership Committee.
B. The Chamber President and City Manager shall meet quarterly to discuss issues of
mutual concern.
C. The Chamber and the City shall provide representatives to jointly serve on
various committees and to protect the quality of life and the business environment in Coppell.
D. The Chamber shall provide a seat on its Board for a City representative and the
City shall appoint a member of the City staff or Council to fill that seat with the intent of
enhancing the overall communication between the City and the Chamber. Appointment of the
City representative shall be consistent with Chamber Bylaws.
E. Leadership Coppell shall continue to be a jointly sponsored activity. (See
Attachment A.)
F. The Chamber Board and the City Council shall meet to identify community issues
of mutual concern upon which a work plan shall be developed that is agreed upon by both parties
regarding those issues.
This Memorandum of Understanding may be amended at any time by either party upon
mutual consent and adoption by respective boards.
PASSED this _______ day of _______________________ 2003.
CHAMBER OF COMMERCE CITY OF COPPELL
By: __________________________ By: __________________________
Chairperson of the Board Candy Sheehan, Mayor
Exhibit A
LEADERSHIP JOINT RESPONSIBILITIES
CITY
Develop curriculum/dates
Reserve City facilities
Book City speakers
Reserve equipment at City locations
Prepare notebooks
Promote on City Web site, press releases to newspapers, Channel 73 and water bill
inserts
Attend the following meetings: Reception, session 1, Metroplex session, economic
development session, Public Safety session (2), Parks and Recreation
session, Court and Finance session
Supply snacks for aforementioned meetings
Chamber
Develop curriculum/dates
Book all speakers outside of City organization (COG, schools, etc.)
Develop brochure/application and distribute
Promote through newsletter
Collect money and applications
Reserve facilities outside of the City infrastructure if needed
Provide Chamber’s information for books
Prepare and mail letters of acceptance
Attend the following meetings: Reception, opening session, Coppell schools
session, future session, graduation
Supply snacks for aforementioned meetings
Order shirts/certificates for graduates
Organize lunch
Reimburse City for Leadership expenses
DEPT: Parks and Recreation
DATE: February 25, 2003
ITEM #: 8/C
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance amending Section 9-11-7 of the Code of Ordinances, “Facility Scheduling”, as
recommended by the Parks and Recreation Board, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
As the Council has been made aware, the Parks and Recreation Department has entered into Facility Use
Agreements with the various Sports Associations to formalize the responsibilities and expectations of both the
individual sports associations and the city. During negotiations for these Agreements with the Associations,
numerous issues surfaced that require clarification in the Code of Ordinances. Staff presented to City Council on
July 9, 2002, an update of the facility use agreements and discussion of issues that had developed as a result.
Many of these issues may require modification of the existing city ordinance. Later, a discussion at the October
22, 2002 City Council Work Session, indicated further review of the method in which practice areas are scheduled
was necessary. The Park Board formulated a sub-committee to review this issue which recommended a solution to
the full Board, the Sports Associations and finally, to City Council at the January 28, 2003 Work Session. The
Park Board approved the revision to ordinance 9-11-7 to make provisions of this recommendation. There are also
several other “clean-up” items recommended for revision. A copy of City Ordinance 9-11-7 “Facility Scheduling”,
with the proposed changes, is attached for your reference.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: ^City Ord. 9-11-7 Modifications
1 54157
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 CHAPTER 9,
SECTION 9-11-7 (D) TO PROVIDE REFERENCE TO ALL NON-
ATHLETIC FACILITIES; BY AMENDING SECTION 9-11-7(F) TO
PROVIDE FOR LICENSED OR RESERVED ATHLETIC FACILITIES
FOR GAME AND PRACTICE FIELD ASSIGNMENTS; BY AMENDING
SECTION 9-11-7 BY PROVIDING A NEW SUBSECTION (G) WHICH
WILL PROVIDE FOR THE PARKS AND RECREATION DIRECTOR TO
GRANT LICENSES OR RESERVE FACILITIES FOR CITY-SPONSORED
COMMUNITY ACTIVITIES AND EVENTS, AND BY MOVING THE
CURRENT SUBSECTION (G) TO SUBSECTION (H) WHICH PROVIDES
FOR THE ESTABLISHMENT OF FEES; BY RENUMBERING THE
CURRENT SUBSECTIONS (H), (I), AND (J) ACCORDINGLY;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1.That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 9, Section 9-11-7 (D) to provide for non-athletic facilities, by
amending subsection (F) to provide for licensed or reserved athletic facilities game and practice
field assignments, by adding a new subsection (G) to provide for the granting of licenses or
reserving of facilities by the Parks and Recreation Director for City-sponsored community activities
and events, by moving the current subsection (G) to a new subsection (H) to provide for the
establishment of fees, and to renumber the current subsection (H), (I) and (J) accordingly, which
shall read as follows:
“Sec. 9-11-7.Facility Scheduling.
. . . . .
D. All non-athletic facilities, or athletic facilities not under a license or use
agreement, that are not reserved are available for use by the general public on a first
come, first served basis in accordance with this Section. A listing of reserved
2 54157
facilities, including the time of reservation and the part holding such reservation, will
be maintained by the secretary of the parks and recreation department and will be
available for inspection during regular working hours.
E.. . . . .
F. Athletic facilities. Field assignments for games or practices at city park
athletic facilities that have been licensed or reserved can only be made by a licensed
or reserved person, association, group or other entity. Such requests must be made
by and through such person in accordance with the guidelines of the licensed facility
and use agreement. The person making the field assignment request may be
required to produce a list of members, including their residence, for determination of
eligibility. The field assignment for a playing athletic facility may be granted for a
reasonable period of time during those times when the parks are open.
G. The Parks and Recreation Director my grant a license or reserve facilities of
city-sponsored community activities and events and may enter into a reservation
agreement of one (1) day or less.
H. Fees shall be established by license agreement or fee schedule authorized by
the City Council.
I. The Parks and Recreation Director or his/her designee has the authority to
cancel or suspend use of any athletic facility if, in the opinion of the Director of
Parks and Recreation, such cancellation or suspension is in the best interest of the
citizens and/or is necessary for the maintenance and control of the facilities.
J. Game fields; designation.
1. The Parks and Recreation Director is authorized to post signs on fields and to
post fields for appropriate designation or use as designated by the Parks and
Recreation Board as game fields.
"Game Field – No practices or unauthorized games."
2.. . . . .
K. Closed fields; designation.
1. The Director of Parks and Recreation is authorized to post a sign on fields
designated by the Director as closed fields for purpose of maintenance or to
protect the surface of the playing field. Such sign shall state:
"Field Closed for Public Use."
3 54157
2. It shall be unlawful for any person to go upon any field which has been
designated as a closed field except for the purpose of performing
maintenance."
SECTION 2.That all provisions of the ordinances and resolutions 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 3. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the
validity of the Code of Ordinances as a whole.
SECTION 4. That this Ordinance shall take effect immediately from and after its
passage and publication, as the law and charter is such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2003.
APPROVED:
_________________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 02/19/03)
DEPT: Parks and Recreation
DATE: February 25, 2003
ITEM #: 8/D
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of granting a utility easement to Oncor Electric to provide electrical service to the Tennis Center
at Wagon Wheel Park, and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Encor has requested a utility easement for the delivery of power to the Wagon Wheel Park Tennis Center. This
easement will enter the property at Creekview Drive, west of the Tennis Center entry, and proceed north to the
electrical transformer near the restroom building.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: ^ W.W. Utility Easement
DEPT: Fire/Environmental Health
DATE: February 25, 2003
ITEM #: 8/E
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance to amend Chapter 11, Article 11, of the Code of Ordinances, pertaining to
wastewater treatment, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
The City of Coppell contracts with Trinity River Authority (TRA) to treat wastewater. As part of TRA’s Texas
Pollutant Discharge Elimination System (TPDES) permit, TRA is required to develop and periodically update their
pretreatment program. The current pretreatment program was implemented in the mid 1980s, and the attached
changes are to update the existing program.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: (Pretreat Amend-1AR(CONSENT)
1 52157
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 CHAPTER
11, ARTICLE 11-1, SECTION 11-1-3, TO PROVIDE AN ABBREVIATION
FOR TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM AND
FOR TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; BY
AMENDING SECTION 11-1-4 TO DELETE THE DEFINITIONS FOR
APPROVAL AUTHORITY AND TOTAL TOXIC ORGANICS AND
REPLACE THE SAME WITH A NEW DEFINITIONS, AND BY
PROVIDING A DEFINITION FOR NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM; BY AMENDING 11-2-2 B(2) AND
(17); BY AMENDING SECTION 11-2-5, IN PART, TO CHANGE THE
LANGUAGE ONLY; BY AMENDING 11-2-8 BY DELETING ALL
REFERENCES TO THE TNRCC AND REPLACING THE SAME WITH
THE TCEQ; AMENDING CHAPTER 11, SECTIONS 11-2 THROUGH 11-6
AND 11-9 THROUGH 11-11 BY DELETING ALL REFERENCES TO
CONTROL AUTHORITY; BY AMENDING SECTION 11-4-1 BY
DELETING TEN (10) DAY PROVISION; BY AMENDING SECTIONS 11-4-
3 AND 11-4-4 BY DELETING THE NINETY (90) DAY PROVISION; BY
AMENDING SECTION 11-4-7 BY DELETING THE THIRTY (30) DAY
PROVISION; BY AMENDING SECTION 11-5-3 (B) AND (F) TO AMEND
THE THIRTY (30) DAY PROVISION AND BY INCORPORATING THE
CURRENT (F) AND (G) INTO SUBSECTION (E); BY AMENDING
SECTION 11-5-6, AND SECTION 11-5-8 BY AMENDING THE SPECIFIED
NUMBER OF DAYS CONTAINED THEREIN; BY AMENDING SECTION
11-10-1 BY AMENDING THE PROVISION FOR TEN (10) DAYS; AND BY
AMENDING SECTION 11-13-1 BY DELETING THE UPSET PROVISION
AND REPLACING THE SAME WITH THE STATE'S ACT OF GOD
PROVISION; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1.That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 11, Article 11-1, Section 11-1-3, to provide an abbreviation
for Texas Pollutant Discharge Elimination System and for Texas Commission on Environmental
Quality, which shall read as follows:
“Sec. 11-1-3.Abbreviations.
2 52157
. . . . .
• TCEQ – Texas Commission on Environmental Quality
• TPDES – Texas Pollutant Discharge Eliminations System
• TRA . . . . ."
SECTION 2.That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 11, Article 11-1, Section 11-1-4, in part, to read as follows:
“Sec. 11-1-4. Definitions.
. . . . .
Approval authority. The regional administrator of the EPA, or the director of a
State Agency delegated to act on the EPA's behalf with an approved pre-treatment
program (eg, Director of TCEQ).
. . . . .
National pollutant discharge elimination system or NPDES permit. Program of
the Environmental Protection Agency, and/or the permit program of the state agency
delegated to act on EPA's behalf with an approved pretreatment program (e.g.
TPDES or Texas Pollutant Discharge Elimination System).
. . . . .
Significant Industrial User. . . . . .
(2) A user that:
(a) . . . . .
(b) . . . . .
(c) . . . . .
(3). . . . .
. . . . .
Total toxic organics. The sum of the masses or concentration of the toxic
organic compounds listed in 40 CFR 122 Appendix D, Table II, excluding
pesticides, found in industrial users' discharges at a concentration greater than 0.01
mg/L. Only those parameters reasonably suspected to be presented, to be
determined by the Officer, if any, shall be analyzed for with non-categorical
industries. With Categorical industries, TTO's will be sampled for as stipulated in
the particular category or those parameters reasonably suspected to be present, to be
determined by the Officer, where not stipulated."
3 52157
SECTION 3.That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 11, Article 11-2, in part, to read as follows:
“Sec. 11-2-2. Prohibited discharge standards.
B.Specific prohibitions. . . . . .
(2) Wastewater having corrosive properties capable of causing damage or injury
to structures, equipment and/or personnel of the POTW, as per the specific
prohibition in the applicable local limits in Section 11-2-5. In no case shall
wastewater containing a pH of less than 5.0 be discharged unless the POTW
is specifically designed to accommodate such discharges.
. . . . .
(17) Fats, oils, or greases of animal or vegetable origin in concentrations greater
that that specified in the applicable local limits in Section 11-2-5.
. . . . .
Sec. 11-2-5. Hazardous metals and toxic materials (local limits).
The following pollutant limits are established to protect against pass through and
interference. No person shall discharge or cause or permit to be discharged,
wastewater containing in excess of the following maximum allowable discharge
limits in the following system(s):
“TRA Central Regional Wastewater System
and are Instantaneous Maximum Limits”
0.2 mg 1 arsenic
0.1 mg 1 cadmium
2.9 mg 1 chromium
2.3 mg 1 copper
0.5 mg 1 cyanide
0.9 mg 1 lead
0.0004 mg 1 mercury
0.2 mg 1 molybdenum
4.6 mg 1 nickel
0.1 mg 1 selenium
0.8 mg 1 silver
4 52157
8.0 mg 1 zinc
200 mg 1 oil and grease
2.13 mg 1 total toxic organics
5.5 to 11.0 Standard units of pH
. . . . .
Sec. 11-2-8. Compliance with existing authority.
A. Unless authorized by the Texas Commission on Environmental Quality
(TCEQ), no person shall deposit or discharge any waste on public or private
property into or adjacent to any: . . . . .
Sec. 11-2-9. Dilution.
. . . . . The officer may impose mass limitations on users . . . . ."
SECTION 4.That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 11, Article 11-3-3 by deleting all references to the "Control
Authority".
SECTION 5.That the Code of Ordinances of the City of Coppell, Texas be, and the same
is hereby amended by amending Chapter 11, Article 11-4, as follows:
"ARTICLE 11-4. WASTEWATER DISCHARGE PERMIT APPLICATION
Sec. 11-4-1. Wastewater analysis.
When requested by the Officer, a user must submit information on the nature
and characteristics of its wastewater by the deadline stipulated. The officer is
authorized to prepare. . . .
Sec. 11-4-2. Wastewater discharge permit requirement.
A. . . . . .
B. . . . . .
5 52157
C. Any violation of the terms and conditions of wastewater . . . discharge
permittee to the sanctions set out in articles 11-10 through 11-12 of this chapter. . . . .
Sec. 11-4-3. Wastewater discharge permitting: existing connections.
Any user required to obtain a wastewater discharge permit . . . in the future,
shall apply to the Officer for a wastewater discharge permit . . . . .
Sec. 11-4-4. Wastewater discharge permitting: new connections.
. . . . . An application for this wastewater discharge permit, in accordance
with section 11-4-5 of this chapter, must be filed prior to the date upon which any
discharge will begin or recommence.
Sec. 11-4-5. Wastewater discharge permit application contents.
. . . . .
Sec. 11-4-6. Application signatories and certification.
. . . . .
Sec. 11-4-7. Wastewater discharge permit decisions.
The officer will evaluate the data furnished by the user and may require
additional information. Within sixty (60) days of receipt of a complete wastewater
discharge permit application, . . . . ."
SECTION 6.That the Code of Ordinances of the City of Coppell, Texas be, and the same
is hereby amended by amending Chapter 11, Article 11-5, in part, to read as follows:
"Sec. 11-5-3. Classification of discharges and permits.
A.. . . . .
(2) A user that:
(a) . . . . .
(b) . . . . .
(c) . . . . .
(3) . . . . .
B. All Group I dischargers shall. . . . . The application form shall be provided
by the Officer. In case of existing dischargers . . ., such application must be submitted
within the timeframe stipulated by the Environmental Health Officer.
6 52157
C.. . . . .
D. Group II and Group III Users, Industries. . . . . The determination of the
character and concentration of industrial waste shall be made by the city. Should an
owner . . . . .
E.. . . . . The city will evaluate the completed applications and data furnished
by the discharger and may determine what group each applicant will be assigned.
Within sixty (60) days after evaluation of the application the application and payment of
a fee to be established by resolution of the city council, a waste hauler permit shall be
issued, subject to the terms and conditions specified herein and the regulations of the
environmental health division. If the application is denied, the applicant shall be
notified in writing within thirty (30) days of the reasons for such denial. If denial is
based on the city's determination that the applicant cannot meet the pretreatment
standards specified in this chapter, it may be specified that additional pretreatment
operations will be required of the applicant.
Sec. 11-5-4. Reserved
Sec. 11-5-5. Wastewater discharge permit modification.
. . . . .
Sec. 11-5-6. Wastewater discharge permit transfer.
Wastewater discharge permits may be transferred to a new owner or operator only if
the permittee gives advance notice. . . . .
Sec. 11-5-7. Wastewater discharge permit revocation.
The officer may revoke a wastewater discharge permit . . . . .
Sec. 11-5-8. Wastewater discharge permit reissuance.
. . . in accordance with section 11-4-5 of this chapter, prior to the expiration of the
user's existing wastewater discharge permit."
SECTION 7.That the Code of Ordinances of the City of Coppell, Texas be, and the same
is hereby amended by amending Chapter 11, Article 11-6, in part, to read as follows:
"Sec. 11-6-4. Periodic compliance reports.
. . . . .
7 52157
C.. . . using the procedures prescribed in Articles 11-6-10 and 11-6-11 of this
ordinance . . . . .
Sec. 11-6-8. Notice of violation/repeat sampling and reporting.
. . . . . The user is not required to resample if the officer monitors at the user's facility at
least once a month, or if the officer samples between the user's initial sampling and when the
user receives the results of this sampling.
Sec. 11-6-11. Sample collection.
A.. . . . . In the event flow proportional sampling is infeasible, the officer may authorize
the use of time proportional . . . . ."
SECTION 8.That the Code of Ordinances of the City of Coppell, Texas be, and the same
is hereby amended by amending Chapter 11, Article 11-7, in part, to read as follows:
"Sec. 11-7-1. Right of entry: inspection and sampling.
The officer and/or control authority, TCEQ, USEPA or their designated representatives
shall have the right to enter the premises of any user. . . . .
A.. . . the officer, control authority, TCEQ, or USEPA will be permitted to enter
without delay for the purposes of performing specific responsibilities.
. . . . .
F. In accordance with 40 CFR 403,the City shall inspect and monitor each permitted
industrial user a minimum of once per year. If the City elects to perform compliance
monitoring for the industry then the City will monitor the industry a minimum of
semi-annually."
SECTION 9.That the Code of Ordinances of the City of Coppell, Texas be, and the same
is hereby amended by amending Chapter 11, Article 11-9, in part, to read as follows:
"Sec. 11-9-1. In general.
A.. . . . .
B.. . . . . (1.4 B.O.D., TSS, fats, oils and grease, and 1.2 for all other pollutants except
ph)
8 52157
. . . . .
H. Any other violation(s) which the officer determines will adversely . . . . ."
SECTION 10.That the Code of Ordinances of the City of Coppell, Texas be, and the same
is hereby amended by amending Chapter 11, Article 11-10, in part, to read as follows:
"Sec. 11-10-1. Notification of violation.
When the officer finds . . . . . Within the timeframe specified in the notice, which is
usually but not always, ten (10) days. . . . .
Sec. 11-10-7. Emergency suspensions.
The officer may immediately suspend . . . . . The officer may also immediately suspend
a user's discharge, . . . . .
A.. . . . .The officer may allow the user to recommence its discharge when the user has
demonstrated to the satisfaction of the officer that the . . . . .
B.. . . . . to the officer prior to the date of any show cause or termination hearing under
sections 11-10-3 or 11-10-8 of this chapter."
SECTION 11.That the Code of Ordinances of the City of Coppell, Texas be, and the same
is hereby amended by amending Chapter 11, Section 11-11-1, by deleting all references to the
"Control Authority."
SECTION 12.That the Code of Ordinances of the City of Coppell, Texas be, and the same
is hereby amended by amending Chapter 11, Section 11-13-1 by deleting in its entirety and
replacing with new provisions, to read as follows:
"Sec. 11-13-1 In an action brought in federal court only:
Upset Provision
A. For the purposes of this section, "upset" means an exceptional incident in which
there is unintentional and temporary noncompliance with categorical pretreatment standards
because of factors beyond the reasonable control of the user. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment
9 52157
facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or
improper operation.
B. An upset shall constitute an affirmative defense to an action brought for
noncompliance with categorical pretreatment standards if the requirements of paragraph (C),
below, are met.
C. A user who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and the user can identify the cause(s) of the upset;
(2) The facility was at the time being operated in a prudent and workman-like manner
and in compliance with applicable operation and maintenance procedures; and
(3) The user has submitted the following information to the officer instead of [the DCO]
within twenty-four (24) hours of becoming aware of the upset, if this information is
provided orally, a written submission must be provided within five (5) days:
(a) A description of the indirect and cause of noncompliance;
(b) The period of noncompliance, including exact dates and times or, if not
corrected, the anticipated time the noncompliance is expected to continue; and
(c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of
the noncompliance.
D. In any enforcement proceeding, the user seeking to establish the occurrence of
an upset shall have the burden of proof.
E. Users will have the opportunity for a judicial determination on any claim of upset
only in an enforcement action brought for noncompliance with categorical pretreatment
standards.
F. Users shall control production of all discharges to the extent necessary to maintain
compliance with categorical pretreatment standards upon reduction, loss, or failure of its
treatment facility until the facility is restored or an alternative method of treatment is
provided. The requirement applies in the situation where, among other things, the primary
source of power of the treatment facility is reduced, lost, or fails.
Sec. 13-2-2. In an action brought in municipal or state court only:
Act of God Provision.
A. An event that would otherwise be a violation that is caused solely by an act of God,
war, strike, riot, or other catastrophe is not a violation.
10 52157
B. In any enforcement proceeding, the user seeking to establish the occurrence of an act
of God, war, strike, riot, or other catastrophe shall have the burden of proof.
C. In the event that A. and B. above has been demonstrated the user shall control
production of all discharges to the extent necessary to maintain compliance with
pretreatment standards upon reduction, loss, or failure of its treatment facility until the
facility is restored or an alternative method of treatment is provided."
SECTION 13.That all provisions of the ordinances and resolutions 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 14.That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the
validity of the Code of Ordinances as a whole.
SECTION 15.That this Ordinance shall take effect immediately from and after its
passage and publication, as the law and charter is such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2003.
APPROVED:
_________________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
12 52157
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(JDD/cdb 02/14/03)
DEPT: Fire/Environmental Health
DATE: February 25, 2003
ITEM #: 8/F
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Resolution endorsing the implementation of a continuing pretreatment program as required
by 40 CFR 403 for the Central Regional Wastewater System, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
The City of Coppell endorses the implementation of a pretreatment program as required by 40 CFR 403 for the
Regional Wastewater system with such program to continue as long as 40 CFR 403 remains in effect.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: (Pretreat-1AR (CONSENT)
1 52625
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
ENDORSING THE IMPLEMENTATION OF A CONTINUING
PRETREATMENT PROGRAM AS REQUIRED BY 40 CFR 403 FOR THE
CENTRAL REGIONAL WASTEWATER SYSTEM.
Preamble
WHEREAS, on June 26, 1978, the United States Environmental Protection Agency
published a rule (Amended January 28, 1981) which established mechanisms and procedures for
enforcing National Pretreatment Standards controlling the introduction of wastes from non-domestic
sources into Publicly Owned Treatment Works (POTWs); and
WHEREAS, this rule, 40 CFR 403, requires that a Pretreatment Program be developed for
the Regional Wastewater System; and
WHEREAS, the Trinity River Authority of Texas, as the owner and operator of a POTW,
must comply with rule 40 CFR 403; and
WHEREAS, the City, as a contracting party of the Regional Wastewater System, has
entered into an Amendatory Wastewater Contract with the Trinity River Authority of Texas
whereby the City has enacted ordinances that are necessary to implement and enforce the
National Pretreatment Standards; and
WHEREAS, 40 CFR 409.9 (b) requires a statement or resolution reflecting the
endorsement or approval of the local boards or councils responsible for supervising and/or funding
the POTW;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF COPPELL, TEXAS:
SECTION 1.That the City of Coppell hereby endorses the implementation of a
pretreatment program as required by 40 CFR 403 for the Regional Wastewater system with such
program to continue as long as 40 CFR 403 remains in effect.
SECTION 2.That this Resolution shall take effect immediately from and after its passage
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
___________________, 2003.
2 52625
APPROVED:
_________________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(JDD/ajh 2/14/03)
DEPT: Planning & Economic Development
DATE: February 25, 2003
ITEM #: 9
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. S-1205, Marble Slab Creamery, zoning change request from TC (Town Center) to
TC-S-1205 (Town Center, Special Use Permit-1205), to allow a 1,100 square-foot ice cream shop at 130 Denton
Tap Road.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: January 16, 2003
Decision of P&Z Commission: Approval (6-0) with Commissioners Reese, Kittrell, McGahey, Halsey,
Dragon and Foreman voting in favor. None opposed.
This hearing is continued from Council’s February 11, 2003, meeting date.
Approval is recommended, subject to the following conditions:
1) The property shall be developed in accordance with the site plan, floor plan and
sign plan, which shall be attached to and made a part of the Ordinance.
2) The channel letters and its raceway shall be the same color as the other signs in
this retail center, and the logo shall not exceed 20% of the area of the sign.
3) The hours of operation shall not exceed 11 a.m. to 11 p.m. seven days a week.
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @1S-1205MSC 1-AR
Item # 7
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: S-1205, Marble Slab Creamery
P & Z HEARING DATE: January 16, 2003
C.C. HEARING DATE: February 11, 2003
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: 130 Denton Tap Road.
SIZE OF AREA: 1,100 square-foot ice cream shop.
CURRENT ZONING: TC (Town Center)
REQUEST: TC-S-1205 (Town Center, Special Use Permit-1205), to allow a
1,100 square-foot ice cream shop at 130 Denton Tap Road.
APPLICANT: Kris Silverthorn
Browning Property Company
5207 McKinney Avenue, Suite No. 12
Dallas, TX 75205
214-521-4446
FAX: 214-521-4473
HISTORY: In May of 2000, City Council approved both a Site Plan and Minor Plat for
this property. The Site Plan allowed for the development of a 15,300 square-
foot retail center. Since the original submittal, minor modifications have
been approved to the site plan that eliminated the double drive-through lanes
for a cleaning facility to be replaced with additional landscaping and parking
and the relocation of the dumpster. In January 2002 Council approved a SUP
for a 3,700 square-foot restaurant, Chili’s Grill and Bar, Too, with 128
seats, requiring 37 parking spaces. The hours of operation are Sunday
Item # 7
Page 2 of 3
through Thursday 11 a.m. to 10 p.m. and Friday and Saturday 11 a.m. to
11 p.m.
TRANSPORTATION:Denton Tap Road is an improved six-lane divided thoroughfare (P6D)
contained within a 100’ wide right-of-way at this location. Town
Center Boulevard is an access street with 28 feet of right-of-way
adjacent to this tract.
SURROUNDING LAND USE & ZONING:
North- Comerica Bank; TC (Town Center)
South- Wendy’s Restaurant; TC (Town Center)
East - YMCA; TC (Town Center)
West - vacant and the Market at Town Center Shopping Center;
C (Commercial and PD-178-C)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
neighborhood retail uses.
DISCUSSION: This request is to allow a 1,100 square-foot Marble Slab Creamery to
occupy the last remaining lease space in this retail center. The ice cream
service is primarily take-out; however, there will be 10 seats within the
facility. The applicant has requested that the hours of operation not
exceed 11 a.m. to 11 p.m. seven days a week.
Per the requirements of the Zoning Ordinance, parking for this use will be
required at a ratio of one space per 100-square feet, thus requiring 11
parking spaces. Given the existing mix of tenants in this retail center, 96
parking spaces are required, where only 93 exist; therefore, a three
parking space variance is required. On January 9, 2003, the Board of
Adjustment approved this request. The applicant submitted testimony that
given the mix of uses, additional parking was not necessary. Also, the
applicant conducted a parking survey December 16th through the 28th,
visiting the site seven times at 1p.m. and 6 p.m. The result of this survey
was that there was a significant amount of parking available during the
peak restaurant hours.
This use has 15’6” of frontage on Denton Tap Road; therefore, 15.5-
square feet of signage would be permitted and 20% of the sign may be a
multi-colored logo. The applicant is requesting a 15.33 square-foot sign,
inclusive of the logo. The Marble Slab Creamery letters will be the same
shade of off-white as the other signage on this retail center, and the
yellow, white and pink logo shall not exceed 20% of the area of the sign.
Item # 7
Page 3 of 3
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of S-1205 for Marble Slab Creamery, subject to the
following conditions:
1) The property shall be developed in accordance with the site plan, floor plan
and sign plan.
2) The channel letters shall be the same color as the other signs in this retail
center, and the logo shall not exceed 20% of the area of the sign.
3) The hours of operation shall not exceed 11 a.m. to 11 p.m. seven days a week.
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Site Plan
2) Leasing Plan
3) Parking Analysis
4) Floor Plan
5) Sign Plan
DEPT: Planning & Economic Development
DATE: February 25, 2003
ITEM #: 10
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1205, Marble Slab Creamery, zoning change from TC (Town
Center) to TC-S-1205 (Town Center, Special Use Permit-1205), to allow a 1,100 square-foot ice cream shop at 130
Denton Tap Road, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @S-1205MSC Ord. 1-AR
1 54152
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY
OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A
CHANGE IN ZONING FROM “TC” (TOWN CENTER) TO “TC-S-1205”
(TOWN CENTER-SPECIAL USE PERMIT - 1205) TO GRANT A SPECIAL
USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT TO
BE LOCATED AT 130 DENTON TAP ROAD AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND
INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE
SITE PLAN, FLOOR PLAN, AND SIGN PLAN, ATTACHED HERETO AS
EXHIBITS “B”, “C”, AND "D", RESPECTIVELY; PROVIDING FOR
SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive
Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally,
and to all persons interested and situated in the affected area and in the vicinity thereof, the said
governing body is of the opinion that Zoning Application No. S-1205 should be approved, and in the
exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map
should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and
the same is hereby amended to grant a change in zoning from “TC” (Town Center) to “TC-S-1205”
(Town Center - Special Use Permit-1205) to grant a special use permit for the operation of a restaurant
to be located at 130 Denton Tap Road and being more particularly described in Exhibit “A” attached
hereto and made a part hereof for all purposes, subject to special conditions.
SECTION 2.That the Special Use Permit for a restaurant is hereby approved subject to the
following special conditions:
2 54152
(A) Hours of operation shall be permitted between 11:00 a.m. to 11:00 p.m., Sunday
through Saturday.
(B) The site shall be developed in accordance with the approved site plan, floor plans, and
sign plan, which are attached hereto as conditions to the use granted herein.
(c) That the channel letters and the raceway shall be the same color as the other signs in
this retail center, and the logo shall not exceed 20% of the area of the sign.
SECTION 3.That the Site Plan, Floor Plan, and Sign Plan, attached hereto as Exhibits “B”,
“C”, and "D", respectively, and made a part hereof for all purposes, are hereby approved.
SECTION 4.That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5.That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all 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 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
3 54152
SECTION 8. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 9.That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10.That this ordinance shall take effect immediately from and after its passage and
the publication of its 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
___________________, 2003.
APPROVED:
_____________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 2/19/03)
DEPT: Planning & Economic Development
DATE: February 25, 2003
ITEM #: 11
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. PD-194R2, Amberpoint Business Park, zoning change request from PD-194
(Planned Development-194) to PD-194R2 (Planned Development-194Revision-2) to expand the Planned
Development District to incorporate an additional 9.102 acres increasing the acreage of the PD to 113.96 acres and
to modify the industrial park identification sign location and design on property located east & west of Northpoint
Drive, south of Sandy Lake Road.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: January 16, 2003
Decision of P&Z Commission: Approval (6-0) with Commissioners Reese, Kittrell, McGahey, Halsey,
Dragon and Foreman voting in favor. None opposed.
This hearing is continued from Council’s February 11, 2003, meeting date.
Approval is recommended, subject to the following conditions:
1) The proposed business park identification signs shall be set back a minimum of 25’ from
the property lines (and outside the visibility triangle) at both the northeast corner of
Royal and Northpoint and the southeast corner of Sandy Lake Rd. and Northpoint. (CONDITION
MET)
2) Revise Monument Sign Table to eliminate reference to three 60 square-foot monument
signs in addition to the four signs proposed to serve building 3, 4, 5, & 6. Also revise
calculation of requested sign area to read 420 SF instead of 560 SF. (CONDITION MET)
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @2PD-194R2APBP 1-AR
Item # 8
Page 1 of 5
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-194R2, AmberPoint Business Park
P & Z HEARING DATE: January 16, 2003
C.C. HEARING DATE: February 11, 2003
STAFF REP.: Andrea Roy, Economic Development Coordinator
LOCATION: East & west of Northpoint Drive, south of Sandy Lake Road.
SIZE OF AREA: 113.96 acres.
CURRENT ZONING: PD-194 (Planned Development-194)
REQUEST: PD-194R2 to increase acreage from 104 acres to 113.96 acres and
modify the park entry sign design and location.
APPLICANT: Applicant: Architect:
AmberPoint @ Coppell, LLC O’Brien & Associates
c/o AmberJack, Ltd. 5310 Harvest Hill Rd., Suite 136
Transwestern Commercial Services Dallas, TX 75230
5001 Spring Valley Rd., Suite 600W Phone: (972) 788-1010
Dallas, TX 75244 Fax: (972) 788-4828
Phone: (972) 774-2544
Fax: (972) 991-4247
HISTORY: In November 2001 City Council approved PD-194 to allow for the
development of six buildings, totaling approximately 1,775,600-
square feet, on 110 acres of property, which would be served by an
8.6-acre detention pond in the southeast corner of the site (adjacent
to Wagon Wheel Park and State Road). The following variations to
the Zoning Ordinance were approved as part of the Planned
Development: Multiple monument signs, including business park
signs at Royal Lane and Sandy Lake Road, variances to the Tree
Mitigation requirements, variances to the Perimeter Landscape
Requirements and the provision of a living screen in lieu of a wall.
Item # 8
Page 2 of 5
A detail site plan and final plat for 308,000-square feet of
speculative office/warehouse on the subject site were also
approved at that time. The building has since been constructed and
will soon be occupied by Somera Communications.
In October 2002, City Council approved PD-194R, to allow a detail
site plan and replat for the Staples 228,250sq.-ft. office/warehouse
facility with future expansion of 161,750-sq. ft.
TRANSPORTATION:Royal Lane is a C4D/6 four-lane divided thoroughfare in a right-of-way
containing 110’ of dedication (adequate for a six-lane divided
thoroughfare) until approx. 600’ north of the Northpoint Drive
intersection, where the road narrows to a two-lane undivided
roadway. Sandy Lake is an existing two-lane roadway. The
Thoroughfare Plan shows Sandy Lake as a C4D/6 four-lane divided
thoroughfare in a right-of-way containing 110 feet of dedication
(adequate for a six-lane divided thoroughfare). State Road is an
existing two-lane roadway. The Thoroughfare Plan shows State
Road within the alignment for the connection of Freeport Parkway
from its recently constructed terminus at Ruby Road to its newest
segment northwest of State Highway 121, at the entrance to DFW
Trade Center. The standards for this future Freeport Parkway
connection are a 120’-wide right-of-way containing a C4D/6 four-
lane divided collector street capable of expansion to six lanes.
SURROUNDING LAND USE & ZONING:
North -vacant, LI (Light Industrial)
South - Wagon Wheel Park, LI (Light Industrial)
East - under construction (Coppell Fellowship Bible Church), R (Retail), PD-
109-SF9 (Single Family-Oak Bend Addition), and LI (Light
Industrial)
West - vacant, existing office/warehouse facilities, LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
light industrial/showroom uses.
DISCUSSION: The applicant is requesting an amendment to the existing Planned
Development-194 AmberPoint Business Park for the following reasons:
Incorporation of an additional 9.10 acres of property into the
Planned Development,
Relocation of one proposed business park identification sign,
Allowance of additional business park identification sign area;
and
Allowance of increased maximum height of the business park
identification signs.
Item # 8
Page 3 of 5
Since the original Planned Development approval in late 2001, the
applicant has purchased two additional properties totaling 9.10 acres
immediately adjacent to the west boundary of the Planned Development.
While no specific development project is proposed at this time, the
applicant wishes to prepare these additional tracts of land for future
development.
In conjunction with the incorporation of the additional land at the corner
of Royal Lane and Northpoint Drive, the applicant is requesting to
relocate one proposed business park identification sign from the existing
western boundary of the Planned Development to recently acquired land at
the northeast corner of Northpoint Drive & Royal Lane for greater
visibility. The second proposed business park identification sign will
remain in its initially proposed location at the southeast corner of
Northpoint Drive & Sandy Lake Road.
The original Planned Development allowed variations to the signage
requirements, including multiple monument signs and business park
identification signs. Specifically, two 60 square-foot business park
identification signs and seven 60 square-foot individual monument signs
were permitted with the Planned Development. Since the original
approval, revisions have been made to the Sign Ordinance, which now
allows business park identification signs and, according to the size of the
parcel and number of buildings, multiple monument signs. Based on these
revisions, the proposed seven 60 square-foot monument signs are now in
compliance with the Zoning Ordinance. No modifications will be made to
the monument signs at this time; however, notable alterations to the
business park identification signs are proposed.
The current request is for two 149.5 square-foot business park
identification signs. The approved business park identification signs were
to measure 10’ in height and 6’ in width, for a total of 60-square feet.
Although the height exceeded the 6’ maximum, the number and overall
size is now in compliance with the recently revised Sign Ordinance. The
subject request would revise the design of the business park identification
signs, actually lowering the height to 6.5’, but increasing the width to 23’,
for a total of 149.5 square feet. While size of the signs may appear
excessive, consideration should be given to the curvilinear design of the
sign, the decreased height, and the size and location of this property. This
size of sign would clearly appear out of scale among smaller retail uses,
yet it is in scale with the building and lot sizes within the light industrial
district. Additionally, the request is similar to sign plans of other area
master planned business parks in Coppell. Staff has no objection to the
increased area for the above mentioned reasons and feels the revised
design provides more continuity between the identification signs and
individual building monument signs within the Business Park.
Item # 8
Page 4 of 5
Building Signs Permitted Signs Requested
1 One 60-sq.-ft. building signs One 60-sq.-ft. building sign
2 Two 60-sq.-ft. building signs Two 60-sq.-ft. building signs
3, 4, 5, 6,
Conceptual
Five 60-sq.-ft. building signs Four 60-sq.-ft. building signs
Park I.D. Signs Two 60-sq.-ft. entry signs Two 150-sq.-ft. entry signs
Totals
Eight 60-sq.-ft. building signs
Two 60-sq.-ft. entry signs
600-sq. ft. of signs
Seven 60-sq.-ft. building signs
Two 150-sq.-ft. entry signs
720-sq. ft. of signs
Staff’s only concern relates to the specific placement of the proposed
identification signs at both the northeast corner of Royal and Northpoint
and southeast corner of Sandy Lake and Northpoint. As required by the
Zoning Ordinance, business park identification signs must be set back a
minimum of 15’ from the property line and outside the intersection’s
visibility triangle. While the signs appear to meet these minimum
requirements, the increased size warrants increased setbacks, so not to
appear so close to right-of-way traffic. To remedy this, staff would
recommend that both signs be placed a minimum of 25’ from the property
lines.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the Planned Development amendment
request, subject to the following conditions:
1) The proposed business park identification signs shall be set back a
minimum of 25’ from the property lines (and outside the visibility triangle)
at both the northeast corner of Royal and Northpoint and the southeast
corner of Sandy Lake Rd. and Northpoint.
2) Revise Monument Sign Table to eliminate reference to three 60 square-foot
monument signs in addition to the four signs proposed to serve building 3,
4, 5, & 6. Also revise calculation of requested sign area to read 420 SF
instead of 560 SF.
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Planned Development & Sign Plan
DEPT: Planning & Economic Development
DATE: February 25, 2003
ITEM #: 12
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. PD-194R2, Amberpoint Business Park, zoning change from PD-
194 (Planned Development-194) to PD-194R2 (Planned Development-194Revision-2) to expand the Planned
Development District to incorporate an additional 9.102 acres increasing the acreage of the PD to 113.96 acres and
to modify the industrial park identification sign location and design on property located east & west of Northpoint
Drive, south of Sandy Lake Road, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @PD-194R2APBP Ord. 1-AR
1 54151
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM “PD-194” (PLANNED
DEVELOPMENT-194) TO “PD-194R2” (PLANNED DEVELOPMENT-
194R2 REVISED) TO PROVIDE AN INCREASE IN THE NUMBER OF
ACRES FROM 104 ACRES TO 113.96 ACRES AND TO ALLOW FOR
MODIFICATION OF THE PARK ENTRY SIGN DESIGN AND LOCATION
ON THE PROPERTY DESCRIBED IN EXHIBIT “A”, ATTACHED
HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS;
PROVIDING FOR THE APPROVAL OF THE PLANNED DEVELOPMENT
AND SIGN PLAN ATTACHED HERETO AS EXHIBIT “B”; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City
of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-194R2
should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended to grant a change in zoning from “PD-194-LI” (Planned
Development-194) To “PD-194R2” (Planned Development-194R2 Revised) to provide for an
increase in the number of acreage from 104 acres to 113. 96 acres and to allow for modification to
2 54151
the park entry sign design and location, and being more particularly described in Exhibit “A”,
attached hereto and made a part hereof for all purposes.
SECTION 2.That the property shall be developed and used only in accordance with the
development conditions as set forth in the Planned Development and Sign Plan, attached hereto as
Exhibit “B”.
SECTION 3.That Planned Development and Sign Plan, attached hereto as Exhibit “B”
and made a part hereof for all purposes, is hereby, approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended, and as amended herein.
SECTION 5. That all 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 6. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so
decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 7. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 8.That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
3 54151
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 9.That this ordinance shall take effect immediately from and after its passage
and the publication of its 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
___________________, 2003.
APPROVED:
_____________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 2/19/03)
EXHIBIT ‘A’
LEGAL DESCRIPTION
WHEREAS, Ballantyne Jack L.L.C., Amberpoint at Coppell L.L.C., and Northpoint Royal L.L.C.
are the owners of those tracts of land situated in the Jesse Moore Survey, Abstract No. 968 in the
City of Coppell, Dallas County, Texas, said tracts being described in deeds recorded in Volume
2001173, Page 3803, Volume 2001249, Page 15701, Volume 2002009, Page 6247, and Volume
2002009, Page 6254 respectively, all Deed Records of Dallas County, Texas (D.R.D.C.T.), and
being all of Hager Containers Addition, an addition to the City of Coppell as recorded in Volume
88206, Page 3786, D.R.D.C.T., and all of the Amberpoint at Coppell addition, and addition to the
City of Coppell as recorded in Volume 2002027, Page 00071 D.R.D.C.T. and a part of Freeport
North Addition, an addition to the City of Coppell as recorded in Volume 84203, Page 1835,
D.R.D.C.T., these tracts together being more particularly described as follows:
BEGINNING at a 1/2-inch found iron rod with cap stamped Brittain & Crawford in the centerline
of said North Point Drive (80 foot right-of-way), said point being the northwest corner of a tract of
land described in deed to the City of Coppell, as recorded in Volume 96164, Page 207, D.R.D.C.T.,
and being in the east line of Freeport North Addition, an addition to the City of Coppell, as
recorded in Volume 84203, Page 1835, D.R.D.C.T.;
THENCE North 00 degrees 07 minutes 07 seconds East, along said east line, a distance of 40.18
feet to a point for corner, said point being on the north right-of-way line of said North Point Drive,
said point also being the southeast corner of said Northpoint Royal L.L.C. tract as described in
Volume 2002009, Page 6247, D.R.D.C.T., and the southwest corner of Lot 1, Block A of said
Amberpoint at Coppell addition;
THENCE North 89 degrees 42 minutes 51 seconds West, along said north right-of-way line, a
distance of 333.99 feet to a point on the southerly end of a corner-clip at the intersection of said
north right-of-way line with the east right-of-way line of Royal Lane (100 foot right-of-way);
THENCE North 33 degrees 09 minutes 24 seconds West, along said corner-clip, a distance of 16.54
feet to a point on the said east right-of-way line, said point being on a non-tangent circular curve to
the left, having a radius of 1,050.00 feet and whose chord bears North 11 degrees 38 minutes 02
seconds East, a distance of 413.23 feet;
THENCE Northeasterly, along said east right-of-way line and said circular curve to the left,
through a central angle of 22 degrees 41 minutes 46 seconds and an arc distance of 415.93 feet to
the point of tangency;
THENCE North 00 degrees 17 minutes 09 seconds East, continuing along said east right-of-way
line, a distance of 155.55 feet to a 1/2-inch found iron rod with a yellow plastic cap stamped
"HALFF ASSOC. INC." (hereinafter referred to as "with cap") for the southwest corner of said
North Point Royal tract, as described in Volume 2002009, Page 6254, D.R.D.C.T.;
THENCE North 00 degrees 07 minutes 49 seconds East, along the common line between said east
right-of-way line and the west line of said Northpoint Royal L.L.C. tract, a distance of 335.00 feet
EXHIBIT ‘A’
to a 1/2-inch found iron rod with cap for corner, said point being the southwest corner of Four
Seasons Addition, an addition to the City of Coppell, as recorded in Volume 91139, Page 2187,
D.R.D.C.T.;
THENCE South 89 degrees 52 minutes 11 seconds East, departing said east right-of-way line and
along the common line between the south line of said four Seasons Addition and the north line of
said Northpoint Royal L.L.C. tract, a distance of 606.12 feet to a 1/2-inch found iron rod for a
corner, said point being the southwest corner of said Four Seasons Addition and the Northeast
corner of said Northpoint Royal L.L.C. tract, said point also being on the west line of said Lot
1,Block A of the Amberpoint at Coppell addtion;
THENCE North 00 degrees 07 minutes 49 seconds East, along the east line of said Four Seasons
Addition, a distance of 931.24 feet to a 1/2-inch found iron rod for a corner on the south right-of-
way line of Sandy Lake Road (variable width right-of-way);
THENCE South 89 degrees 43 minutes 31 seconds East, along said south right-of-way line, a
distance of 328.84 feet to a 1/2-inch found iron rod for a corner;
THENCE South 89 degrees 44 minutes 26 seconds East, continuing along said south right-of-way
line, a distance of 1,717.69 feet to a 1/2-inch found iron rod with cap for a corner;
THENCE South 00 degrees 15 minutes 34 seconds West, continuing along said west right-of-way
line, a Distance of 10.00 feet to a 1/2-inch found iron rod with cap for a corner;
THENCE South 89 degrees 44 minutes 26 seconds East, continuing along said south right-of-way
line, a distance of 265.56 feet to a 1/2-inch found iron rod with cap for a corner at the intersection
of said south right-of-way line with the west right-of-way line of State Road (variable width right-
of-way);
THENCE South 00 degrees 13 minutes 41 seconds East, along said west right-of-way line, a
distance of 1,493.77 feet to a 1/2-inch found iron rod with cap for a corner;
THENCE South 00 degrees 31 minutes 15 seconds West, continuing along said west right-of-way
line, a distance of 378.85 feet to a 1/2-inch found iron rod with cap for a corner;
THENCE North 89 degrees 44 minutes 06 seconds West, departing said west right-of-way line and
along the north line of said City of Coppell tract, a distance of 2,664.64 feet to the POINT OF
BEGINNING AND CONTIANING 4,964,282 square feet or 113.96 acres of land, more or less.
DEPT: City Manager
DATE: February 25, 2003
ITEM #: 13
AGENDA REQUEST FORM
ITEM CAPTION:
Consider directing the Planning and Zoning Commission to review inconsistencies between the Comprehensive
Plan and the Zoning Ordinance and bringing forward any recommended zoning changes to Council.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name:!Recommend
DATE: February 25, 2003
ITEM #: 14
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork
DATE: February 25, 2003
ITEM #: 15
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Repor t by Mayor Sheehan regarding Regional Transpor tation Task Force.
B. Repor t by Mayor Sheehan regarding School Finance Rally at the Capitol.
C. Repor t by Mayor Sheehan regarding Master Composter Class.
D. Repor t by Councilmember Brancheau regarding Texas Municipal League Legislative
Update.
E. Repor t by Councilmember Peters regarding Senior Adult Services.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
DATE: February 25, 2003
ITEM #: 16
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec