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CP 2003-09-09 NOTICE OF CITY COUNCIL MEETING AND AGENDA SEPTEMBER 9, 2003 DOUG STOVER, JAYNE PETERS, Place 2 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5 DIANA RAINES, Place 3 THOM SUHY, Place 6 MARSHA TUNNELL, Place 4 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, September 9, 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. ag090903 Page 1 of 6 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Dis cussio n re g arding Foreign Trade Zones. 2. Discussion regarding Fundraising on City Facilities at non-City sponsored events. B. Section 551.072, Texas Government Code - Deliberation regarding Real Proper ty. 1. Sale of Land West of South Coppell Road and South of Bethel Road. C. Section 551.074, Texas Government Code - Personnel Matters. 1. Discussion regarding City Manager Evaluation. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Board/Commission Appointments. B. Discussion regarding Temporary Sign Permits. C. Discussion regarding Special Events. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Moment of Reflection regarding 9/11/01. 5. Invocation. 6. Pledge of Allegiance. 7. Citizen's Appearances. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: August 26, 2003. B. Consider accepting resignation of Paul Tapscott from the Library Board and Steve Brock from the Coppell Education Development Corporation. ag090903 Page 2 of 6 ITEM # ITEM DESCRIPTION C. Consider approval of a Resolution providing for Special Counsel and the Conduct Review Board to serve a term of two years from the date of appointment; and authorizing the Mayor to sign. D. Consider approval of an ordinance amending Ar ticle 8-3 Parking, Section 8-3-1(A) of the Code of Ordinances for the City of Coppell to prohibit parking, stopping or standing at all times on both sides of Crestside Drive and Lakeshore Drive beginning at the west proper ty line of Lot 1, Block A of the PSINet Addition in the Nor thlake 635 Business Park extending east and southward to the south proper ty line in its entirety; and authorizing the Mayor to sign. E. Consider approval of an interlocal agreement with Dallas County to repair and overlay Bethel Road from Denton Tap Road to the Tarrant County Line with Dallas County furnishing labor and equipment necessar y to perform the work; and the City of Coppell furnishing materials at a cost not to exceed $126,684.80 as budgeted in the IMF; and authorizing the Mayor to sign. F. Consider approval of an interlocal City/County Agreement allowing Dallas County to provide Paving Services at Andrew Brown Park West, in an amount not to exceed $17,549.23, as budgeted, and authorizing the Mayor to sign. Land Use and Development G. Consider approval of an Ordinance for Case No. S-1208, Everybody Fits, Restaurant (food cour t), zoning change from C (Commercial) to C-S-1208 (Commercial, Special Use Permit-1208), to allow the operation of an approximate 3,829 square-foot restaurant to be located on the second floor within the existing facility at 200 Fitness Cour t Drive, and authorizing the Mayor to sign. H. Consider approval of a six-month extension as it applies to the expiration date of the Site Plan for Vista Ridge Addition, Lot 3R, Block G, to allow the development of an approximate 71,000 square- foot office building on a 7.017 acre por tion of a 25.93 acre tract of proper ty located at the southwest corner of S.H. 121 and MacAr thur Boulevard. ag090903 Page 3 of 6 ITEM # ITEM DESCRIPTION Resolutions I. Consider approval of a Resolution adopting policy guidelines for the development and establishment of Foreign Trade Zones within the City of Coppell and authorizing the Mayor to sign. END OF CONSENT 9. Consider approval of a request from the Lions Club regarding fundraising in City parks. 10. Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year October 1, 2003 through September 30, 2004, and authorizing the Mayor to sign. 11. Consider approval of an Ordinance of the City of Coppell, Texas levying the Ad valorem taxes for the year 2003 at .6486/$100 taxable valuation of which .4470 for operations and maintenance and .2016 for interest and sinking, and authorizing the Mayor to sign. 12. PUBLIC HEARING: Consider approval of Case No. S-1065R, Wings-N-Things, Restaurant with private club, zoning change request from C-S-1065 (Commercial, Special Use Per mit-1065) to C-S-1065R (Commercial, Special Use Per mit-1065 Revised), to allow the operation of an approximate 1,485 square-foot restaurant with private club to be located at 110 W. Sandy Lake, Suite 130. 13. PUBLIC HEARING: Consider approval of Case No. PD-176R3, Bethel Road Estates, Phase II, zoning change from PD-176R2 (Planned Development-176 Revision 2) to PD-176R3 (Planned Development-176 Revision 3), to reduce two lots to one to allow the development of one single-family home on 1.04 acres of proper ty located along the nor th side of Bethel Road approximately 120 feet east of Hear thstone Lane. 14. PUBLIC HEARING: Consider approval of the Bethel Road Estates, Phase II, Lot 1R, Replat of Lots 1 and 2, Block 1, to create one lot for the development of a single- family home on approximately 1.04 acres of proper ty located along the nor th side of Bethel Road, approximately 120 feet east of Hear thstone Lane. ag090903 Page 4 of 6 ITEM # ITEM DESCRIPTION 15. Consider approval of the St. Andrews Estates, Lots 1 through 24X, Block 2, Preliminary Plat, to allow a 23 lot single-family subdivision, and one common area lot, on approximately 10 acres of proper ty located along the nor th side of DeForest Road between Prestwick Cour t and Stratford Lane. 16. Consider approval of the Gateway Business Park, No. 2, Lot 2R1, Block C, Site Plan Amendment (Washington Mutual), to amend the Site Plan to allow 50 additional parking spaces on 8.097 acres of proper ty located at 555 Dividend Drive. 17. PUBLIC HEARING: Consider approval of the Gateway Business Park, No. 2, Lots 1R1 and 2R1, Block C, Replat (Washington Mutual), to allow 50 additional parking spaces on 12.027 acres of proper ty located at 555 Dividend Drive. 18. Consider appointments to the City’s Boards, Commissions and Committees. 19. Necessary action resulting from Work Session. 20. City Manager's Repor t. A. Repor t regarding Regional Air Quality. 21. Mayor and Council Repor ts. A. Repor t by Mayor Stover regarding the Homecoming Parade. B. Repor t by Mayor Stover regarding Pete Sessions Ride Along. C. Repor t by Mayor Stover regarding Woman of the Year Luncheon. 22. Council Committee Repor ts. A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Seniors - Councilmember York. D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters. E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember Brancheau. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Service Center - Councilmember Brancheau. H. Nor th Texas Council of Governments - Councilmember Tunnell. I. Nor th Texas Commission - Councilmember Tunnell. J. Senior Adult Services - Councilmember Suhy. K. Town Center/Architectural Committee - Councilmember Faught. L. Trinity River Common Vision Commission - Councilmember Faught. M. Trinity Trail Advisor y Commission - Councilmember Raines. ag090903 Page 5 of 6 ITEM # ITEM DESCRIPTION 23. Necessary Action Resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, 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 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. ag090903 Page 6 of 6 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: September 9, 2003 ITEM #: ES-2 AGENDA REQUEST FORM EXECUTIVE SESSION A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding Foreign Trade Zones. 2. Discussion regarding Fundraising on City Facilities at non-City sponsored events. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Sale of Land West of South Coppell Road and South of Bethel Road. C. Section 551.074, Texas Government Code - Personnel Matters. 1. Discussion regarding City Manager Evaluation. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %executivesession DATE: September 9, 2003 ITEM #: WS-3 AGENDA REQUEST FORM WORK SESSION A. Discussion regarding Board/Commission Appointments. B. Discussion regarding Temporary Sign Permits. C. Discussion regarding Special Events. D. Discussion of Agenda Items. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %worksession 1 AN ORDINANCE OF THE CITY OF COPPELL ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS, BY AMENDING ARTICLE 6-5; PROVIDING FOR THE REGULATION OF PARADES AND SPECIAL EVENTS; PROVIDING FOR A PERMIT AND EXEMPTIONS; PROVIDING FOR THE REVOCATION, TERMINATION AND APPEAL OF PERMIT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinances of the City of Coppell, Texas is hereby amended by amending Article 6-5 in part to read as follows: “ARTICLE 6-5 – SPECIAL EVENTS Sec. 6-5-1 DEFINITIONS. The following words and phrases, when used in this Article, shall, for the purpose of this article, have the meanings respectively ascribe to them in this section; Applicant means a person who has filed a written application or a special event. City means the City of Coppell, Texas. Concession means a facility at a special event where food or drink is offered to the public. Licensee means the promoter or person to whom the parade or special event permit has been issued. Non-Profit means not maintained or organized for profit, as recognized by the State of Texas and the Federal Tax Code. 2 Parade means the assembly of three or more persons whose gathering is the common design and purpose of traveling or marching in procession from one location to another location on a public thoroughfare or right-of- way to express feelings and beliefs on current political, religious or social issues. Parade shall include runs, walks, relays, marathons, or similar events. Person means any individual, assumed name entity, partnership, association, corporation or other organization. Permit shall mean the City of Coppell’s agreement giving the Promoter permission to hold the Special Event, on the terms and conditions stated in the Permit and subject to the rules, regulations, and requirements of this Ordinance. Promoter means the person seeking to hold the special event, including the Promoter’s employees, agents, affiliates, successors, permitted assigns, and other persons controlled by the Promoter. Reimbursable Costs means all costs and expenses incurred by the City for activities associated with staging of the event, including, without limitation, the following: - Utilities services provided to the special event, including all of the costs of installation, maintenance, and connection. - Barricades and cones. - Special Event parking. - Food services inspection. - Repair, maintenance and removal of facilities in the event of a failure of promoter. - Repair of streets, alleys, sidewalks, parks and other public property. - Police protection. - Fire protection. - Emergency medical service. - Garbage disposal and cleanup. 3 - Traffic control. - Other direct costs associated with the special event. Sidewalk means that portion of a street intended for the use of pedestrians that is located between the curb lines, or lateral lines of a roadway, and the adjacent property lines. Special Event means a temporary event or gathering, other than those events defined in this ordinance as a parade, using either private or public property, which involves one or more of the following activities, except when the activity is for construction or house moving purposes only: (a) closing a public street; (b) blocking or restriction of public property and streets; (c) offer of merchandise, food, or beverages on public property or on private property where otherwise prohibited by ordinance; (d) erection of a tent on public property, or on private property where otherwise prohibited by ordinance; (e) installation of a stage, band shell, trailer, van, portable building, grandstand or bleachers on public property, or on private property where otherwise prohibited by ordinance; (f) placement of portable toilets on public property, or on private property where otherwise prohibited by ordinance; and (g) placement of temporary no parking signs in a public right-of-way. Special Event Coordinator shall mean the city employee, as designated by the City Manager, responsible for reviewing the initial special event application, coordinating meetings between the applicant and city representatives, collecting special event permit fees, and enforcing the Special Events Ordinance. Special event/parade permit means approval from the City or its designated representative for a parade or special event. Special Event Review Committee shall mean a committee consisting of a representative from each of the following city departments: Building Inspections, Emergency Management, Environmental Health, Fire, Human Resources/Risk Management, Parks & Recreation, Police, Streets, and additional city staff as determined by the Special Event Coordinator upon 4 review of the Special Event application. The Special Event Coordinator shall head this committee. The Special Event Review Committee will meet on a monthly basis. Street means the entire width between the boundary lines of every way publicly maintained, when any part is open to the use of the public for purposes of vehicular travel. Sec. 6-5-2 PERMIT REQUIRED; EXEMPTIONS A. A person commits an offense if he engages in, participates in, aids, or commences a parade or special event within the city without first making written application for and receiving a permit from the City. B. No permits shall be required under this article for the following: 1. the Armed Forces of the United States of America, the military forces of the State of Texas, political subdivisions of the State of Texas, and the forces of the police and fire departments acting within the scope of their duties. 2. a funeral procession proceeding by a vehicle under the most reasonable route from a funeral home, church, or residence to the place of service or place of internment. 3. a peaceful demonstration at a fixed location which is not a street. 4. a sidewalk procession which observes and complies with the traffic regulations and traffic control devices, using that portion of a sidewalk nearest the street, but at no time using more than one-half of the sidewalk. Sec. 6-5-3 APPLICATION A. A person desiring to hold a parade or special event shall apply for a permit by filing with the Special Event Coordinator a written application upon a form provided for that purpose. Each parade and special event permit application shall be accompanied by a non-refundable application fee in the amount determined and set out in the City’s Master Fee Schedule approved by City Council. An application for a parade or special event shall be made not less than sixty days prior to the date and time of the commencement of the parade or special event. The Special Event Coordinator and/or the Special Event Review Committee may waive the sixty-day 5 filing requirements for a parade or special event if the Special Event Coordinator and/or the Special Event Review Committee determines that the application can be processed in less than sixty days, taking into consideration the type of parade or special event. If the application is submitted later than the required time as stated above, an expedited review fee may be required, the amount shall be included in the City’s Master Fee Schedule approved by City Council. B. An application must contain the following information: 1. the name, address, telephone number, email address, date of birth, and driver’s license number of the applicant, and, of any other persons responsible for the conduct of the parade or special event; 2. a description of the parade or special event and the requested dates and hours of operation of the parade or special event; 3. the estimated number of persons participating in the parade or special event and a set of detailed plans showing the area or route to be used during the parade or special event including proposed structures, tents, fences, barricades, signs, banners, and restroom facilities; 4. the time and location of street closings, if any are requested; 5. details of the offer of merchandise or serving of food or alcoholic beverages at the special event; 6. details of how the applicant will clean up the area used after the parade or special event; 7. the parade’s commencement and termination time, the specific route to be traveled, and the starting and termination points; 8. the estimated number of persons to participate in the parade; 9. the estimated number, if any, of animals, animals and riders, animal-drawn vehicles, floats, motor vehicles, motorized displays, and marching units or organizations 6 such as, but not limited to bands, color guards, and drill teams; 10. application fees required by the City. All City of Coppell sponsored events shall be exempt from fees; 11. prior approval by the Parks & Recreation Department to use the trail system or park facilities for a special event, if applicable; 12. proof of non-profit status, if applicable; and 13. copy of contract, agreement, or details outlining arrangement between applicant and promoter. Sec. 6-5-4 APPROVAL OF PLANS A. A permit shall be subject to the promoter receiving City approval prior to the start of the Special Event for (without limitations) the plans described below. B. The City, by approving such plans, assumes no liability or responsibility therefor. C. The following plans shall be required: 1. Facilities: a comprehensive set of plans and specifications relating to all temporary facilities to be constructed or utilized for the special event. A building permit from the Building Inspections Department is required. 2. Fire Protection: a comprehensive plan for prevention of fires and for adequate protection of persons and property in the event of a fire, including, without limitation, adequate exits, fire extinguishers, adequate access for fire trucks and emergency vehicles. The fire protection plan shall be coordinated through the office of the Fire Marshal. 3. Food and Beverage Service: a comprehensive plan to provide food and beverage concessions. The Environmental Health Department shall approve the plan. 4. Emergency Medical Service: a comprehensive plan to provide adequate emergency medical services at the parade or special event. The plan shall be coordinated through the Fire Department Operations Division. 7 5. Parking, assembly or disassembly of parade participants: a comprehensive plan to provide adequate parking for the proposed parade or special event, including written permission by all of the owners of land to be used for the parade or special event. 6. Police Protection: a comprehensive plan providing for adequate safety, security, traffic and crowd control in connection with the parade or special event. The plan shall be coordinated through the Coppell Police Department. 7. Promotional: if applicable, comprehensive plan to promote, market, and advertise the parade or special event. Signs and banners shall be permitted through the Building Inspection Department. 8. Sanitation Plan: a comprehensive plan to insure that the highest standards of cleanliness and sanitation are maintained at the special event including adequate restroom facilities and appropriate refuse containers to accommodate refuse generated by its patrons and operations and a plan to empty the containers frequently so as to prevent overflow. 9. Emergency Medical Service, Police Protection, and Fire Protection beyond that level normally provided will be supplied by the appropriate City department as deemed necessary by the Chief of Police, the Fire Chief, or their designee, at the Applicant’s expense. 10. Emergency Operations Plan: The Emergency Management Officer shall develop and distribute an emergency plan intended to provide various options to meet the needs of the patrons and staff in the event of an emergency, given the constraints of the site. It is further intended to function as an addendum to the City of Coppell’s emergency management plan. Sec. 6-5-5 ISSUANCE, DENIAL AND REVOCATION OF A PARADE OR SPECIAL EVENT PERMIT A. Upon receipt of an application for a parade or special event permit, the Special Event Coordinator shall schedule the event on the appropriate Special Event Review Committee monthly agenda. 8 B. The Special Event Review Committee shall meet on a monthly basis to review pending Special Event Permit applications. If required, specially called Special Event Review Committee meetings may be scheduled. The Committee shall make findings deemed appropriate and approve or deny the application. C. Should the applicant for a parade or special event permit reveal that the route requested would interfere with the orderly flow of vehicular and pedestrian traffic, the Special Event Review Committee shall have the authority to establish a reasonable alternate route and regulate the width of the event. D. The Special Event Review Committee may deny a parade or special event permit when said event for which the permit is requested would: 1. cross or use as a route, or as part of a route, any of the following: (a) State Highway 121 (b) Highway 635 (c) East Beltline Road (d) South Beltline Road (e) Denton Tap Road (f) Sandy Lake Road 2. take place at the same place and/or time as a previously approved parade or special event ; or 3. begin during, or within two hours of the start or after the end of a parade or special event for which a permit has been granted and follow a route that passes within one-half mile of any point of the route of the parade or special event for which a permit has been granted; or 4. unreasonably disrupt the orderly flow of traffic and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available; or 5. begin and/or end outside the city limits, unless or until the applicant receives approval from the City Council and the 9 adjacent City where the parade or special event begins or ends. E. The Special Event Review Committee may deny a parade or special event permit if: 1. the applicant fails to adequately provide for: (a) the protection of event participants; or (b) maintenance of public order in and around the special event location; or (c) crowd security; taking into consideration the size and character of the event; or (d) emergency vehicle access; or (e) safe sanitary conditions for preparation or operation of food concessions. 2. the applicant fails to provide a Certificate of Liability Insurance naming the City of Coppell as additional insured in the amount designated by the Human Resources/Risk Management representative to the Special Event Review Committee. Applicant must also provide the Certificate of Liability Insurance and an Endorsement Agreement not less than ten days prior to the date of the parade or special event; 3. the applicant fails to comply with, or the proposed parade or special event will violate a city ordinance or other applicable law, unless the prohibited conduct or activity would be allowed under this article; 4. the applicant makes a false statement of material fact on an application for a parade or special event permit; 5. the applicant fails to provide proof that he possesses or is able to obtain all licenses and/or permits required by this code or other city ordinances or by other applicable law for the conduct of all activities included as part of the parade or special event; 10 6. the applicant fails to notify the businesses affected by the parade or special event, in writing, of street closures ten days prior to the event; 7. the applicant has had a parade or special event permit revoked within the preceding twelve months or the applicant has committed two or more violations of a condition or provision of a parade or special event permit or of this article within the preceding twelve months; 8. the applicant fails to pay any outstanding costs owed to the City for past parade or special event permits; 9. the applicant fails to submit the required fees and agree in writing to reimburse the City for the estimated costs for the proposed parade or special event; 10. the proposed parade or special event would unduly burden City services; 11. after evaluation by the Special Event Committee members, it is determined the City of Coppell, or its citizens, would not benefit from the parade or special event. F. The City may revoke a parade or special event permit if: 1. the permit holder made a false statement of material fact on an application for a parade or special event permit. 2. the applicant has had a parade or special event permit revoked within the preceding twelve months or the applicant has committed two or more violations of a condition or provision of a parade or special event permit or of this article within the preceding twelve months. 3. the applicant fails to comply with or the parade or special event is in violation of a condition or a provision of the parade or special event permit, an ordinance of the city, or any other applicable law, or 4. the applicant failed to provide a Certificate of Liability Insurance and endorsement agreement naming the City of Coppell as additional insured in the amount designated ten days prior to the event; 11 5. the applicant failed to pay any outstanding fees or estimated costs owed to the City for the parade or special event permit; 6. the parade fails to begin in a timely manner as determined by the Police Chief, Fire Chief, Special Event Coordinator, or their designates. G. Parades shall be limited to no more than two per location or organization per year. H. The Special Event Review Committee may prescribe licenses and permits required by other city ordinances, or applicable law, restrictions, regulations, cost for city services, safeguards, and other conditions necessary for the safe and orderly conduct of a parade or special event, to be incorporated into the permit before issuance. I. The Special Event Review Committee shall provide the Special Event Coordinator the estimated cost for city services provided by their respective department to ensure the safe and orderly operation of the special event. The Special Event Coordinator will prepare and provide the applicant with an invoice detailing these estimated costs. Payment will be required not less than five days prior to the date of the parade or special event. If the actual costs for city services are less than estimated, the City will issue a refund to the special event applicant no less than two weeks after the special event. J. Non-profit organizations may request the waiver of all or part of the permit fees required to be reimbursed to the city as a result of a parade or special event by submitting a written request to the City Manager. This waiver shall be for the permit fees associated with the special event, but shall not include the actual costs incurred by the City as a result of the special event. Sec. 6-5-6 APPEAL OF DENIAL OR REVOCATION OF PERMIT If the Special Event Review Committee denies the issuance or revokes a permit, the Special Event Coordinator shall send to the applicant or permit holder, by certified mail, return receipt requested, written notice of the denial or revocation, and of the right to an appeal. The decision of the Special Event Review Committee is final unless the applicant or permit holder appeals the decision within three business days to the City Manager, in writing. The City Manager shall, within three business days after the appeal is filed, consider all the evidence in support of or against 12 the action appealed and render a decision either sustaining or reversing the denial or revocation. The decision of the City Manager shall be final. Sec. 6-5-7 CONTENTS OF PERMIT Each parade or special event permit application shall state the date(s), starting time, ending time, location, and other special conditions or requirements necessary for the safe and orderly conduct of the parade or special event. Sec. 6-5-8 OPERATING PROCEDURES A. A parade or special event shall not substantially interrupt the safe and orderly movement of traffic near the parade or special event. B. The City has the right (but not the obligation) to postpone, cancel or close early the parade or special event because of hazardous weather or other acts of God or for public safety and welfare. The City shall have no liability for such postponement, cancellation, or closure. Further, the City shall have no liability from the failure to postpone, cancel, or close early the parade or special event under such conditions. C. A parade shall move from its point of origin to its point of termination without unreasonable delays en-route. D. Each marching unit, organization or entry in the parade will only be allowed to conduct one stationary performance at a specified and approved location during the parade route. E. A parade or special event shall not interfere with proper fire and police protection of, or ambulance service to, areas near the parade or special event or unreasonably require the diversion of police and fire protection and ambulance service from other parts of the City. F. A permit holder shall comply with all directions and conditions contained within the permit and with all city ordinances and other applicable laws. G. The City, when reasonably necessary, may prohibit or restrict the parking of vehicles along a street or highway or part thereof on a parade route or part thereof or on the approach to a parade or special event. The City shall post notice to such effect; and it shall thereafter be unlawful for any person to park, leave, or strand any unattended vehicle in violation thereof. 13 H. The City, when reasonably necessary, may temporarily close or restrict the use of City streets or other public property for a parade or special event. The Director of Engineering is authorized to install temporary traffic control devices for the temporary closure or restriction of City streets and public property for parades or special events. It shall be unlawful for any person to disregard or disobey any such temporary traffic control device. I. The driver of any vehicle or animal shall obey the instruction of any traffic control device applicable thereto placed in accordance with the City of Coppell Code of Ordinances or the Texas Transportation Code, unless otherwise directed by a police officer. J. Speeds greater than 15 miles per hour are not reasonable and prudent. A person operating a parade float or other parade vehicle at a speed greater than 15 miles per hour is subject to removal from the parade by a police officer or other parade official. K. Operators of parade floats and other parade vehicles will make every attempt to keep a maximum of 30 feet between their float and the float operated directly in front of them. Operators of parade floats and other parade vehicles that continually lag behind the stead course of the parade may be removed from the parade by a police officer or other parade official. L. Operators of specialized vehicles or performance-enhanced vehicles in the parade shall be mindful of Texas Transportation Code Section 545.420(a)(5); “a person may not participate in any manner in an exhibition of vehicle speed or acceleration.” Any operator of a vehicle participating in an exhibition of acceleration will be cited by law enforcement officers and immediately removed from the parade. M. The throwing, tossing, or distribution of candy, beads, or other material from a parade float or other vehicle is specifically prohibited. Candy, beads, or other material may be distributed to spectators by walkers adjacent to parade floats or other vehicles provided that such distribution does not interfere with the orderly movement of the parade and no spectators are required to move into the parade path to retrieve said material. Any violation of this provision will result in the parade float or vehicle removal from the parade. N. The spraying of water or any other liquid is specifically prohibited. 14 O. All floats or decorated vehicles shall carry a 2A:10BC fire extinguisher with a current inspection tag. P. Float length shall not exceed 55 feet, including the two vehicle, nor shall the width or height exceed 14 feet. Q. Each equestrian/animal unit shall provide their own clean-up crew and equipment. The clean-up crew shall be positioned directly behind the unit. Equestrian riders shall be a minimum of twelve years of age, able to control the animal in crowded situations, and have adult supervision. Any rider or handler showing an inability to control their animal will be deemed unsafe by a law enforcement officer or parade official, and shall be removed from the parade. Sec. 6-5-9 INDEMNIFICATION An applicant for a parade or special event permit must execute a written agreement to indemnify the City and its officers and employees against all claims of injury or damage to persons or property, whether public or private, arising out of the special event. This indemnification shall include the following statement: “LICENSEE shall defend, protect and keep CITY forever harmless and indemnified against and from any penalty, or any damage, or charge, imposed for any violation of any law, ordinance, rule or regulations arising out of the use of the property by the LICENSEE, whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors, or assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect, and indemnify and it is the intention of the parties hereto that LICENSEE hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fees, arising out of or from any accident or other occurrence on or about the property causing personal injury, death or property damage resulting from use of property by LICENSEE, its agents, employees, customers and invitees, except when caused by the negligence or willful misconduct of CITY, its officers, employees or agents, and only then to the extent of the proportion of any fault determined against CITY for its willful misconduct. LICENSEE shall at all times defend, protect, indemnify and hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fees arising out of or from any and all claims or causes of action resulting from any failure of LICENSEE, its officers, employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof.” Sec. 6-5-10 OFFENSES 15 A person commits an offense if he: 1. commences or conducts a parade or special event without the appropriate permits or fails to comply with any requirement or condition of a permit or this article. 2. participates in a parade or special event for which a permit has not been granted.” SECTION 2. That all provisions of the ordinances of the City of Coppell in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Coppell not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase, or section of this ordinance be adjudge 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 invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. An offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. That any person, firm or corporation violation any of the provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day said violation is continued shall constitute a separate offense. 16 SECTION 6. This ordinance shall take effect from and after its passage and the publication of the caption as the law and charter provide. DULY ADOPTED by the City Council of the City of Coppell, Texas on the _________ day of _______________________, 2003. APPROVED: ______________________________ MAYOR ATTEST: ______________________________ CITY SECRETARY APPROVED AS TO FORM: ________________________________ CITY ATTORNEY DATE: September 9, 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: September 9, 2003 ITEM #: 8/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: August 26, 2003. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %minutes CM082603 Page 1 of 9 MINUTES OF AUGUST 26, 2003 The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 26, 2003, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Jayne Peters, Mayor Pro Tem Tim Brancheau, Councilmember Diana Raines, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Thom Suhy, Councilmember Bill York, Councilmember Also present were City Manager Jim Witt, Deputy City Secretary Kathy Wilkerson and City Attorney Robert Hager. REGULAR SESSION (Open to the Public) 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding Fundraising on City Facilities at non-City sponsored events. 2. Discussion regarding Zoning and Subdivision Code requirements. Mayor Stover convened into Executive Session at 5:45 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:15 p.m. and opened the Regular Session. CM082603 Page 2 of 9 WORK SESSION (Open to the Public) 3. Convene Work Session A. Review Fiscal Year 2003 Goals and Objectives. B. Review of City Manager Evaluation Process. C. Review and discussion of Braewood Shopping Center parking lot paving. D. Discussion regarding length of terms for Special Counsel and Conduct Review Board. E. Discussion of Agenda Items. Deputy City Secretary Kathy Wilkerson left the meeting after Work Session and City Secretary Libby Ball took over the meeting. REGULAR SESSION (Open to the Public) 4. Invocation. Dr. Larry Parsley of the Valley Ranch Baptist Church led those present in the Invocation. 5. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 6. Report by Coppell Economic Development Committee. Bill Rohloff, Chair of the Coppell Economic Development Committee, brought the Council up to date with the projects the committee has been pursuing. 7. Citizen's Appearances. A. Jerry Coker, Chair of the Coppell Education Development Corporation, 131 Tennyson, spoke to Council regarding the grant application from Coppell Independent School District. CM082603 Page 3 of 9 CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: August 12, 2003. B. Consider accepting resignation of Chamonix Morejon from Library Board – Youth Advisor. Budget Items C. Consider approval of the certification of the 2003 anticipated collection rate for the period of July 1, 2003, through June 30, 2004, and the amount of excess debt collections during the period of July 1, 2002, and June 30, 2003. D. Consider approval of a Resolution amending the written Investment Policy of the City of Coppell as provided by the Public Funds Investment Act, Chapter 2256, Texas Government Code, and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C and D carrying Resolution No. 2003-0826.1. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 9. PUBLIC HEARING: To receive public comment concerning the Proposed 2003- 2004 Municipal Budget. Presentation: Jennifer Armstrong, Finance Director, made a presentation to the Council. CM082603 Page 4 of 9 Action: Councilmember York moved to close the Public Hearing. Councilmember Suhy seconded the motion; the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 10. Consider approval of bid no. Q-0503-02 for the installation of hike & bike trails at Denton Creek & Asbury Manor subdivision, to Jeske Construction Company in the amount not to exceed $582,654.90 and authorizing the President of the CRDC, and the City Manager to sign a contract based on this award. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to the Council. Action: Councilmember Tunnell moved to approve bid no. Q-0503-02 for the installation of hike & bike trails at Denton Creek & Asbury Manor subdivision, to Jeske Construction Company in the amount not to exceed $582,654.90 and authorizing the President of the CRDC, and the City Manager to sign a contract based on this award. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 11. Consider approval of a request from the Lions Club regarding fundraising in City parks. Mayor Stover advised that this item would be postponed until the September 9, 2003 City Council meeting at the request of the Lions Club. 12. Consider approval of a grant request from the Coppell Independent School District for Pre-K to 12th Grade English as a Second Language in the amount of $816,300.00, using funds collected from the 379A sales tax, and authorizing the City Manager to sign. CM082603 Page 5 of 9 Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember York moved to approve a grant request from the Coppell Independent School District for Pre-K to 12th Grade English as a Second Language in the amount of $816,300.00, using funds collected from the 379A sales tax, and authorizing the City Manager to sign. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 13. Consider approval of a request by Eagle Equity, Inc., owners of Braewood Shopping Center, regarding an exception to the Subdivision Ordinance concerning asphalt overlay to parking lots. Presentation: Larry Steinberg, CEO, Braewood Shopping Center, made a presentation to Council. Sam Garrett, Contractor, addressed questions about Polycon. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 8:08 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 8:21 p.m. and re-opened the Regular Session. CM082603 Page 6 of 9 REGULAR SESSION (Open to the Public) Action: Councilmember Tunnell moved to deny a request by Eagle Equity, Inc., owners of Braewood Shopping Center, regarding an exception to the Subdivision Ordinance concerning asphalt overlay to parking lots. Councilmember York seconded the motion; the motion to deny carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. At this time Mayor Stover recognized Congressman Pete Sessions who was in attendance and addressed the Council. 14. Consider approval of an ordinance amending the Code of Ordinances to reflect changes in State law regarding carrying of a concealed handgun by a license holder on property owned by a governmental entity, and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember Brancheau moved to postpone this item. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 15. Necessary action resulting from Work Session. There was no action necessary under this item. 16. Mayor and Council Reports. A. Report by Mayor Stover regarding DFW Board Meeting for Host Cities. CM082603 Page 7 of 9 B. Report by Mayor Pro Tem Peters regarding the Texas 2003 Transportation Summit and Regional Transportation Summit. C. Report by Mayor Pro Tem Peters regarding the Election for Statewide Constitutional Amendments to be held September 13, 2003. A. Mayor Stover updated Council on the DFW Board Meeting for Host Cities that he and Deputy City Manager Clay Phillips attended. Mayor Stover announced that he has asked Mayor Pro Tem Peters to start attending these meetings so the City will be up to date when it is our turn to sit on the Board in September 2004. B. Mayor Pro Tem Peters reported on the 2003 Transportation Summit and Regional Transportation Summit that she attended along with Councilmember Marsha Tunnell, City Manager Jim Witt, Deputy City Manager Clay Phillips, and City Engineer Ken Griffin. The City of Coppell was one of several cities that co-hosted the seminar that was held in Irving. C. Mayor Pro Tem Peters announced that on Saturday, September 13, 2003 the State of Texas is having an election to consider 23 constitutional amendments and she urged everyone to research the amendments and exercise their privilege to vote. 17. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Seniors - Councilmember York. D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters. E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember Brancheau. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Service Center - Councilmember Brancheau. H. North Texas Council of Governments - Councilmember Tunnell. I. North Texas Commission - Councilmember Tunnell. J. Senior Adult Services - Councilmember Suhy. CM082603 Page 8 of 9 K. Town Center/Architectural Committee - Councilmember Faught. L. Trinity River Common Vision Commission - Councilmember Faught. M. Trinity Trail Advisory Commission - Councilmember Raines. A. There was nothing to report on this item. B. There was nothing to report on this item. C. Councilmember York announced that the past Wednesday he and Councilmember Brancheau, Brad Reid, Director of Parks, Jane Anne Sellars, Leisure Services Manager, and Hilda Salazar, Administrative Support Supervisor were present for a surprise birthday party for Linda Hayes, Senior Center Coordinator. D. There was nothing to report on this item. E. There was nothing to report on this item. F. There was nothing to report on this item. G. There was nothing to report on this item. H. There was nothing to report on this item. I. There was nothing to report on this item. J. Councilmember Suhy announced that Andrea Rutledge has resigned from the Senior Adult Services and they are actively searching for a replacement. He also reminded everyone that the golf tournament is September 29th. K. There was nothing to report on this item. L. There was nothing to report on this item. M. There was nothing to report on this item. 18. Necessary Action Resulting from Executive Session. There was no action necessary under this item. CM082603 Page 9 of 9 There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ______________________________________ Libby Ball, City Secretary DEPT: City Secretary DATE: September 9, 2003 ITEM #: 8/B AGENDA REQUEST FORM ITEM CAPTION: Consider accepting resignation of Paul Tapscott from the Library Board and Steve Brock from the Coppell Educational Development Corporation. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %tapscottresignation From: Paul Tapscott To: Libby Ball and Kathy Edwards Date: August 28, 2003 RE: Resignation Dear Ms. Edwards and Ms. Ball: It is with regret that I tender my resignation from the Coppell Library Board. Since I am now working at a "bridge" position in Austin, I am unable to attend the weeknight meetings. I hope to return to Coppell soon. Sincerely, Paul E. Tapscott DEPT: City Secretary DATE: September 9, 2003 ITEM #: 8/C AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Resolution providing for Special Counsel and the Conduct Review Board to serve a term of two years from the date of appointment; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !bdresolution A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, PROVIDING FOR SPECIAL COUNSEL AND THE CONDUCT REVIEW BOARD TO SERVE A TERM OF TWO (2) YEARS FROM THE DATE OF APPOINTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Special Counsel and the Conduct Review Board have been established by Ordinance No. 96-752; and WHEREAS, Ordinance No. 96-752 does not establish a term of appointment for Special Counsel or for the Conduct Review Board; and WHEREAS, the City Council has determined that Special Counsel and the Conduct Review Board shall serve a term of two (2) years from the date of appointment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Special Counsel and the Code of Conduct Review Board for the City of Coppell shall be appointed for a two (2) year term beginning on October 1st of 2003 and every two (2) years thereafter in accordance with Ordinance No. 96-752. SECTION 2. That should any word, phrase, paragraph, or section of this Resolution be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Resolution 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 Resolution as a whole. SECTION 3. That this Resolution shall take effect immediately from and after its passage as the law and charter in such cases provide. 1 DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2003. APPROVED: _________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 09/03/03) (58700) 2 DEPT: Engineering/Public Works DATE: September 9, 2003 ITEM #: 8/D AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an ordinance amending Article 8-3 Parking, Section 8-3-1(A) of the Code of Ordinances for the City of Coppell to prohibit parking, stopping or standing at all times on both sides of Crestside Drive and Lakeshore Drive beginning at the west property line of Lot 1, Block A of the PSINet Addition in the Northlake 635 Business Park extending east and southward to the south property line in its entirety; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this ordinance will prohibit parking of vehicles on both sides of Crestside Drive and Lakeshore Drive along the boundaries of the property located at 1333 Crestside Drive. Staff recommends approval of the “no parking” ordinance and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: #LakeshoreNP-1AR "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Teresa Turner, E.I.T., Graduate Engineer Date: September 9, 2003 RE: Consider approval of an ordinance amending Article 8-3 Parking, Section 8-3- 1(A) of the Code of Ordinances for the City of Coppell to prohibit parking, stopping or standing at all times on both sides of Crestside Drive and Lakeshore Drive beginning at the west property line of Lot 1, Block A of the PSINet Addition in the Northlake 635 Business Park extending east and southward to the south property line in its entirety; and authorizing the Mayor to sign. Staff has recently received a request from Joe Kelly, the Director of Internal Security, for the property located at 1333 Crestside Drive. Mr. Kelly has safety and security concerns related to allowing trucks and vehicles to stop and/or park on the street adjacent to the property. The operations of the facility are apparently of a sensitive nature. Amending Section 8-3-1(A) of the Code of Ordinances for the City of Coppell would allow signs to be posted prohibiting parking on both sides of Crestside Drive and Lakeshore Drive adjacent to this property. Two other properties with frontage along these streets have been notified and were given the opportunity to comment. As of August 29, 2003, no responses have been received. Staff will be available to answer questions at the Council meeting. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 8- 3-1(A) OF THE CODE OF ORDINANCES; MAKING IT UNLAWFUL TO PARK A VEHICLE ON BOTH SIDES OF CRESTSIDE DRIVE AND LAKESHORE DRIVE AT ALL TIMES BEGINNING AT THE WEST PROPERTY LINE OF LOT 1, BLOCK A OF THE PSI NET ADDITION IN THE NORTHLAKE 635 BUSINESS PARK EXTENDING EAST AND SOUTHWARD TO THE SOUTH PROPERTY LINE IN ITS ENTIRETY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That Section 8-3-1A of Chapter 8 of the Code of Ordinances be, and the same is hereby, amended to provide for no parking zones at all times on Coppell Road, to read as follows: “Sec. 8-3-1 NO PARKING ON SPECIFIC STREETS & IN CERTAIN SCHOOL ZONES/SCHOOL AREAS A.NO PARKING ON SPECIFIC STREETS It shall be unlawful for any person to stop, stand or park a vehicle at any time in violation of any official sign, curb marking, or street marking that prohibits, regulates, or restricts the stopping, standing or parking of a vehicle at the times designated for the following streets: . . . . CRESTSIDE DRIVE at all times on both sides, beginning at the west property line of Lot 1, Block A of the PSINet Addition in the Northlake 635 Business Park extending eastward to its point of intersection with Lakeshore Drive in its entirety. LAKESHORE DRIVE at all times on both sides, beginning at its point of intersection with Crestside Drive southward to the south 2 property line of Lot 1, Block A of the PSINet Addition in the Northlake 635 Business Park in its entirety. . . . .” SECTION 2.The traffic engineer shall erect official signs, curb markings, or street markings giving notice that parking, stopping or standing of vehicles is prohibited at the locations designated herein. SECTION 3.That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, phrase, paragraph, section or 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 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6.That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. 3 SECTION 7.That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2003. APPROVED: DOUGLAS N. STOVER, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY DEPT: Engineering/Public Works DATE: September 9, 2003 ITEM #: 8/E AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an interlocal agreement with Dallas County to repair and overlay Bethel Road from Denton Tap Road to the Tarrant County Line with Dallas County furnishing labor and equipment necessary to perform the work; and the City of Coppell furnishing materials at a cost not to exceed $126,684.80 as budgeted in the IMF; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this agreement will allow the resurfacing of Bethel Road from Denton Tap Road to the Tarrant County Line. Staff recommends approval of the interlocal agreement with Dallas County and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds for this contract are available in the Infrastructure Maintenance Fund. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: #DallasCoAgmt-1AR "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: July 22, 2003 RE: Consider approval of an interlocal agreement with Dallas County to repair and overlay Bethel Road from Denton Tap Road to the Tarrant County Line with Dallas County furnishing labor and equipment necessary to perform the work; and the City of Coppell furnishing materials at a cost not to exceed $126,684.80 as budgeted in the IMF; and authorizing the Mayor to sign. For the past several years, the asphalt paving on Bethel Road from Denton Tap Rd. to the west city limits has experienced subgrade and asphalt failure. City staff has attempted to repair the failed sections in an expedient manner. However, the scope of some of the failures is exceeding our ability to repair. In particular, the edges of the roadway are starting to fail, especially west of Royal Lane heading toward the City of Grapevine. It is my opinion that the rapid deterioration of the asphalt roadway in this area is partly contributed to the increased truck traffic associated with the development over the last few years along Royal Lane and Freeport Parkway. We were recently contacted by Dallas County inquiring as to whether or not we had any asphalt projects they could assist us in paving. Based on the classification of the roadway, Dallas County contributes up to 50% of the cost to repair a roadway. At this same time, Glenn Hollowell, Asst. Public Works Director and I had been discussing the approach to repairing sections of Bethel Road to make it safer in the interim between today and the time that it is rebuilt. For the City crews to attempt to repair the roadways, equipment would need to be rented and manpower allocated to the project. Also, the entire cost of materials, equipment and employees would be borne by the City of Coppell. Approval of the interlocal agreement basically would mean that the City of Coppell would be paying for the hard cost of materials and Dallas County would be providing all labor and equipment to construct the improvements. The attached exhibit shows the limits of the reconstruction of Bethel Road proposed by Dallas County It is estimated that the work will take approximately 29 days to complete. Dallas County typically works four-day workweeks; therefore, while 29 working days would be required, it would take approximately 7 weeks to complete the work. This is barring any bad weather days. This section of Bethel Road is part of our Capital Improvement Program approved in 1999 and is scheduled to be reconstructed in the future. The current schedule for the reconstruction of Bethel Road, from Freeport Pkwy west to the west city limits, is April 2004. Bethel Road, from Denton Tap Rd. to Freeport Pkwy, is scheduled to begin construction in June 2005. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" Even though the section of Bethel Road, from Freeport Pkwy to the west city limits, is scheduled to begin in approximately one year, it still needs attention at this time to provide for a safer roadway. Also, any number of issues could delay the start of the construction on Bethel Road, such as; interaction with the airport to obtain the necessary easements to widen the roadway, right-of-way acquisition from adjacent properties and utility relocations. Therefore, staff recommends approval of the interlocal agreement between Dallas County and the City of Coppell to provide for an asphalt overlay on Bethel Road from Denton Tap to our west city limit line. Staff will be available to answer any questions at the Council meeting. DEPT: Parks and Recreation DATE: September 9, 2003 ITEM #: 8/F AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an interlocal City/County Agreement allowing Dallas County to provide Paving Services at Andrew Brown Park West, in an amount not to exceed $17,549.23, as budgeted, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: The parking lot at Andrew Brown Park West has fallen into a state of disrepair. Dallas County has been contacted to perform work on the parking lot to repair potholes in the asphalt and sealcoat the existing lot. The work completed will be in accordance with the attached agreement and in keeping with the Dallas County Road and Bridge Policy which states that the County will incur the costs associated with the equipment, labor and administration to perform the work. The city will incur the costs of the materials for patching and sealing at the parking lot. The County indicates on Attachment A to the Agreement that the costs to the city will be $17,549.23 for the work performed at Andrew Brown Park West. FINANCIAL COMMENTS: Funds have been allocated for this project in the Parks Department budget. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: ^Interlocal Agreement (consent) STATE OF TEXAS § COUNTY OF DALLAS § CITY/COUNTY AGREEMENT WHEREAS, the city of Coppell, herein after called City, and the County of Dallas, herein after called County, desire to enter into an agreement for maintenance and improvement of city streets by the County; WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for local governments to enter into interlocal agreements; WHEREAS, the Dallas County Commissioners Court has adopted Order No. 84-659, establishing the County Road and Bridge Policy and Order No. 92-1254 amending the official County Road List; NOW, THEREFORE, THIS INTERLOCAL AGREEMENT is hereby made and entered into by the City and the County upon and for the mutual consideration stated herein: PURPOSE: The terms and conditions set forth within this Agreement provide the cooperative framework for the City and the County to undertake a variety of transportation planning, engineering, design, construction, and maintenance functions, services and activities. Unless specifically delineated and defined herein, all such functions, services and activities must be approved in advance of project initiated by the Commissioners Court of Dallas County. Such approval will require, at a minimum, project definition of scope, type, location and estimated resources required by the City and by the County. WITNESSETH: I. The City may request the County to perform services on the City’s street system during the period from January 1, 2003 to December 31, 2003. This Master Agreement shall thereafter be automatically renewed each year for the same period of time until superseded by a supplemental agreement or earlier terminated as provided by this agreement. Services may include improvements and maintenance of thoroughfares and bridges of major county importance which are either existing or proposed or improvements and maintenance of minor (local) streets, roads, bridges and drainage facilities for a governmental entity as defined under Chapter 791, Texas Government Code, Interlocal Cooperation Act. Such work may include scarifying, stabilizing, grading, patching, seal coating, signing, pavement marking, mowing, widening, resectioning, overlaying and other repair or improvement projects. II. The City agrees to reimburse to the County the total cost of all work performed (including labor, equipment, materials and administrative costs) on Type "E" streets on a monthly basis upon billing by the County. The City agrees to reimburse the County 50% of the total cost of work performed on Type "B" and Type "C" streets, as outlined in the current Dallas County Road and Bridge Policy. Costs of labor, equipment, materials and administrative will be pursuant to the attached fee schedule which is incorporated herein by reference as Exhibit A. III. The City agrees to indemnify and save harmless the County from any liability or damages the County may suffer as a result of claims, demands, costs or judgments against the County for injuries to persons or damage to the property of any person(s) or corporation(s) arising out of the performance of the work and services under this Agreement, except to the extent such liability or damages are caused by the sole negligence of County. IV. The City agrees to allow the County to make routine special studies of traffic conditions within the City. These studies may include traffic counts and measures of speed, delay and other factors. Any such studies conducted for County purposes and not specifically requested by the City will be at County expense. V. The City agrees to notify the County Department of Public Works within 30 days of any annexations or de-annexations to allow County to accurately maintain the Official Road List. VI. Specific projects to be undertaken by the terms and conditions of this Agreement must be defined and clearly detailed in scope, type, location and party or parties performing the governmental functions or services. All payments must be in amounts that fairly compensate the performing party for the services or functions performed and shall be made from current revenues available to the paying party. Specific project detail must be documented and supplied for individual project approval before the project is begun. Pavement marking projects performed by the County for the City will require the City to provide appropriate traffic control. Such control may include, as traffic volume and conditions warrant, flagging cones, barricades, shadow vehicles, arrow boards, signs and other desirable actions specified by the Texas Manual or Uniform Traffic Control Devices (MUTCD). VII. Either City or County may terminate this Agreement by providing the other party thirty (30) days written notice of its intent to terminate. The written notice of the intent to terminate shall be delivered to the following: City Manager Director of Public Works City of Coppell Dallas County P.O. Box 9478 411 Elm Street 4 th Floor Coppell, TX 75019 Dallas, TX 75202 IX. This Agreement shall be constructed in accordance with the laws of the State of Texas. Exclusive venue for any legal actions between the parties arising from this Agreement shall be in Dallas County, Texas. BILLING: All work will be billed within the first five (5) working days after the end of the month in which it was performed. All invoices are due upon receipt. Escrowed funds are to be paid over to the County on a monthly basis under the same terms. A copy of each invoice is to be sent to the County Auditor as it is prepared for accounts receivable control. MISCELLANEOUS: City and County certify that this Interlocal Agreement is executed in accordance with the governing provisions of the Texas Interlocal Cooperation Acts as amended, and, City and County expressly represent that payment for all funds expended herein are from current budgeted funds available for the purpose recited in this agreement, and that any required separate document approval by the County will be accomplished as a condition precedent to the execution of this agreement. The City of Coppell has executed this Agreement pursuant to duly authorized City Council resolution No. , date . The County of Dallas has executed this Agreement pursuant to Commissioners Court Order No. , on this day of , 2003. COUNTY OF DALLAS CITY OF COPPELL BY: Margaret Keliher BY:Douglas N. Stover County Judge Mayor APPROVED AS TO FORM: BY: Janet Ferguson Advisory Chief, Civil Section DEPT: Planning DATE: September 9, 2003 ITEM #: 8/G AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1208, Everybody Fits, Restaurant (food court), zoning change from C (Commercial) to C-S-1208 (Commercial, Special Use Permit-1208), to allow the operation of an approximate 3,829 square-foot restaurant to be located on the second floor within the existing facility at 200 Fitness Court Drive, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On July 17, 2003, the Planning & Zoning Commission unanimously recommended approval of this Special Use Permit request (5-0). On August 12, 2003, City Council unanimously approved this Special Use Permit (7-0). Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @S-1208, EF ORD. 1-AR (Consent) 1 58590 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 “C” (COMMERCIAL) TO “C-S-1208” (COMMERCIAL-SPECIAL USE PERMIT - 1208) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT TO BE LOCATED ON THE SECOND FLOOR WITHIN THE EXISTING FACILITY AT 200 FITNESS COURT DRIVE AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SECOND LEVEL FLOOR PLAN, RESTAURANT FLOOR PLAN AND EXTERIOR SIGNAGE, 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-1208 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 “C” (Commercial) to “C-S-1208” (Commercial - Special Use Permit-1208) to grant a special use permit for the operation of a restaurant to be located on the second floor of the existing facility at 200 Fitness Court Drive and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes, subject to special conditions. 2 58590 SECTION 2.That the Special Use Permit for a restaurant is hereby approved subject to the following special condition: (A) That the site shall be developed in accordance with the approved second level floor plan, restaurant floor plan and exterior signage, which are attached hereto as conditions to the use granted herein. (B) The hours of operation shall not exceed those in effect for Everybody Fits. SECTION 3.That the Second Level Floor Plan, Restaurant Floor Plan and Exterior Signage, 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 58590 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: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 8/26/03) DEPT: Planning DATE: September 9, 2003 ITEM #: 8/H AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a six-month extension as it applies to the expiration date of the Site Plan for Vista Ridge Addition, Lot 3R, Block G, to allow the development of an approximate 71,000 square-foot office building on a 7.017 acre portion of a 25.93 acre tract of property located at the southwest corner of S.H. 121 and MacArthur Boulevard. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A Please see attached letter dated August 18, 2003, from Dan Anderson, Vice President of Centex. Council unanimously approved this Site Plan (7-0) on September 18, 2001, with one condition. If this request were approved, the Site Plan would expire March 18, 2004. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @VR3R, Blk.G, SPX 1-AR (Cons.) DEPT: City Manager DATE: September 9, 2003 ITEM #: 8/I AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Resolution adopting policy guidelines for the development and establishment of Foreign Trade Zones within the City of Coppell and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Due to increased activity and inquiries related to the establishment of Foreign Trade Zones within the City of Coppell, City Staff requests the formal adoption of policy guidelines related to the granting of such foreign trade zone status. Adoption of such guidelines will ensure formal review and approval by City Council, as well as thorough and consistent analysis of each request by the City’s legal counsel. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !FTZ Policy-1AgendaReq.doc 1 58747 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ADOPTING A POLICY FOR FOREIGN TRADE ZONES WITHIN THE CITY OF COPPELL AND AUTHORIZING THE MAYOR TO EXECUTE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, enhancement of the local economy through international business and development is in the best interest of the citizens of the City of Coppell, Texas; and WHEREAS, the adoption of policy guidelines for economic development incentives such as the establishment of foreign trade zone status within the City of Coppell may encourage the enhancement of the economy; and WHEREAS, the City of Coppell has determined that the attached Exhibit "A" is a proper and adequate policy for foreign investment under such law; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the City Council of the City of Coppell hereby adopts and publishes the policy for foreign trade zones, which is attached hereto and incorporated herein as Exhibit "A", and that the Mayor is hereby authorized to execute the resolution providing for such adoption. SECTION 2.That all provisions of the resolutions of the City of Coppell, Texas, in conflict with the provisions of this Resolution, except as noted herein, be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Resolution shall remain in full force and effect. SECTION 3. That should any word, phrase, paragraph, or section of this Resolution be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Resolution 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 Resolution as a whole. SECTION 4.That this Resolution shall take effect immediately from and after its passage as the law and charter in such cases provide. 2 58747 DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the _______ day of _______________, 2003. APPROVED: DOUGLAS N. STOVER, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 9/3/03) (58747) EXHIBIT “A” City of Coppell Policy Regarding Foreign Trade Zones I Introduction The City of Coppell is very supportive of international business retention and development within the City. The City staff has reviewed the benefits of a Foreign Trade Zone and believes that this federal trade program can be a viable economic development tool for the City of Coppell. In accordance, the City staff has developed certain policy guidelines on behalf of the City of Coppell to follow for the development and establishment of foreign trade zone status within the City of Coppell. II General Requirements The following steps will need to be taken in order to process a review of a request for Foreign Trade Zone status. 1) Any party interested in seeking Foreign Trade Zone status must submit a written request to the City of Coppell seeking support of the project. 2) The staff of the City of Coppell will utilize outside legal counsel for guidance in reviewing Foreign Trade Zone Requests. The applicant will be responsible for payment of these legal expenses. 3) The applicant will be responsible for any costs incurred by the City of Coppell in reviewing the request and preparing a recommendation to the City Manager and/or City Council for action. 4) Upon completion of the review of the Foreign Trade Zone request the staff of the City of Coppell will make a recommendation to the City Manager for formal review and approval by the City Council. EXHIBIT “A” III Application Requirements Requests for Foreign Trade Zone status must be submitted in writing to the City of Coppell, City Managers office at P.O. Box 9478, Coppell, Texas 75019. The written request must contain the following: 1) Applicant’s Company Name 2) Applicant’s current address 3) Applicant’s contact and phone number 4) Proposed zone address 5) Intended use of the Foreign Trade Zone 6) The scope and size of activity conducted at site 7) Map describing geographical area 8) The proposed economic impact 9) The potential impact to the tax base 10) Discussion on employment opportunities DEPT: City Manager DATE: September 9, 2003 ITEM #: 9 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a request from the Lions Club regarding fundraising in City parks. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !Lions DEPT: Finance DATE: September 9, 2003 ITEM #: 10 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year October 1, 2003 through September 30, 2004, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: $Budget Adopt-1AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. __________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, APPROVING AND ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004; APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING FOR RECORDING OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Coppell has submitted to the City Council a proposed budget of the revenues and expenditures of conducting the affairs of the City and providing a complete financial plan for 2003-2004; and WHEREAS, the City Council has received the proposed budget, a copy of which proposed budget and all supporting schedules have been filed with the City Secretary of the City of Coppell; and WHEREAS, the City Council has conducted the necessary public hearings as required by law; NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the proposed budget of the revenues of the City of Coppell and the expenditures of conducting the affairs of the City, providing a complete financial plan for the ensuing fiscal year beginning October 1, 2003, and ending September 30, 2004 as submitted to the City Council by the City Manager, be, and the same is hereby, in all things adopted and approved as the budget of all current revenues and expenditures of the City for the fiscal year beginning October 1, 2003, and ending September 30, 2004. SECTION 2. That the sum of $57,369,407 is hereby appropriated for the expenditures established in the approved budget, attached hereto as Exhibit "A" and made part hereof for all purposes. SECTION 3. That the City Council reserves the authority to transfer designated appropriations to any individual department or activity. SECTION 4. That all notices and public hearings required by law have been duly completed. SECTION 5. That all ordinances of the City of Coppell in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other provisions of the ordinances of the City of Coppell 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 thereof decided to be unconstitutional, illegal or invalid. SECTION 7. This Ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provides. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the 9th day of September, 2003. APPROVED: _______________________________ MAYOR ATTEST: _______________________________ CITY SECRETARY APPROVED AS TO FORM: ________________________ CITY ATTORNEY DEPT: Finance DATE: September 9, 2003 ITEM #: 11 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance of the City of Coppell, Texas levying the Ad valorem taxes for the year 2003 at .6486/$100 taxable valuation of which .4470 for operations and maintenance and .2016 for interest and sinking, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: $Tax Rate Adopt-1AR ORDINANCE NO. ______________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE YEAR 2003 AT A RATE OF .6486 PER ONE HUNDRED DOLLARS ($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY AS OF JANUARY 1, 2003; TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That there be and is hereby levied for the year 2003 on all taxable property, real, personal and mixed, situated within the limits of the City of Coppell, Texas, and not exempt by the Constitution of the State and valid State laws, a tax of .6486 on each One Hundred Dollars ($100) assessed value of taxable property, and shall be apportioned and distributed as follows: a) For the PURPOSE of defraying the current expenses of the municipal government of the City, a tax of $.4470 on each One Hundred Dollars ($100) assessed value of all taxable property. b) For the PURPOSE of creating a sinking fund to pay the interest and principal on all outstanding bonds of the City, not otherwise provided for, a tax of $.2016 on each One Hundred Dollars ($100) assessed value of all taxable property, within the City which shall be applied to the payment of such interest and maturities of all outstanding bonds. SECTION 2. That all ad valorem taxes shall become due and payable on October 1, 2003 and all ad valorem taxes for the year shall become delinquent after January 31, 2004. There shall be no discount for payment of taxes prior to said January 31, 2004. A delinquent tax shall incur all penalty and interest authorized by law (Section 33.01, et seq., Texas Property Tax Code), to wit: a penalty of six percent of the amount of the tax for the first calendar month it is delinquent plus one percent for each additional month or portion of a month the tax remains unpaid prior to July 1 of the year in which it become delinquent. Provided, however, a tax delinquent on July 1, incurs a total penalty of twelve percent of the amount of the delinquent tax without regard to the number of months the tax has been delinquent. A delinquent tax shall also accrue interest at a rate of one per cent for each month or portion of a month the tax remains unpaid. Taxes that remain delinquent on July 1, 2004, incur an additional penalty not to exceed twenty percent of the amount of taxes, penalty, and interest due; such additional penalty is to defray costs of collection due to contract with the City's Attorney pursuant to Section 6.30 and Section 33.07 of the Property Tax Code, as amended. Taxes for the year 2004 and taxes for all future years that remain delinquent on or after June 1, under Texas Property Tax Code Sections 26.07(f), 26.15(e), 31.03, 31.031, 31.032 or 31.04 incur an additional penalty in an amount not to exceed twenty percent (20%) of taxes, penalty and interest due, pursuant to Texas Property Tax code Section 6.30 and Section 33.08, as amended. SECTION 3. Taxes are payable in Coppell, Texas, at the office of the Tax Assessor/Collector. The City shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. SECTION 4. That the tax rolls, as presented to the City Council together with any supplement thereto, be, and the same are hereby approved. SECTION 5. The fact that it is necessary that this ordinance be enacted in order to authorize the collection of ad valorem taxes for the year 2003, this ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, this the 9th day of September 2003. APPROVED: ____________________________________ MAYOR ATTEST: ____________________________________ CITY SECRETARY APPROVED AS TO FORM: ________________________ CITY ATTORNEY DEPT: Planning DATE: September 9, 2003 ITEM #: 12 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1065R, Wings-N-Things, Restaurant with private club, zoning change request from C-S-1065 (Commercial, Special Use Permit-1065) to C-S-1065R (Commercial, Special Use Permit-1065 Revised), to allow the operation of an approximate 1,485 square-foot restaurant with private club to be located at 110 W. Sandy Lake, Suite 130. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: August 21, 2003 Decision of P&Z Commission: Approval (6-0) with Commissioners McCaffrey, Reese, Kittrell, McGahey, Halsey and Foreman voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Revision to the proposed sign to be in accordance with the Sign Ordinance; specifically, the faces of the signs need to be white (no red inlays) and if raceways are used, they also need to match the material that they are mounted, and the illumination is limited to white or off-white. 2) The property shall be developed in accordance with the site plan, floor plan and revised sign plan. 3) The hours of operation shall not exceed 11 a.m. to 12 midnight, seven days a week. 4) Incorporation of the shared parking agreement as a condition to this SUP. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @1S-1065R, Wings 1-AR Item #4 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1065R, Wings-N-Things, Restaurant/private club P & Z HEARING DATE: August 21, 2003 C.C. HEARING DATE: September 9, 2003 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: 110 W. Sandy Lake Road, Suite 130 (next to Albertson’s) SIZE OF AREA: 1,485 square-foot restaurant CURRENT ZONING: C-S-1065 (Commercial, Special Use Permit-1065) REQUEST: Special Use Permit-1065R to allow a restaurant/private club. APPLICANT: Elbert (Tezo) Cunningham Wings Enterprises Private Club 4 d/b/a/ Wings-N-Things 10505 Shady Trail #900 Dallas, Texas 75220 214-544-5900 FAX: 214-902-7909 HISTORY: In December 1994 City Council approved Special Use Permit-1065 for Salsa’s restaurant in this lease space. In 1999 Salsa’s relocated to Eleanor’s Square Shopping Center. Various non-restaurant tenants have occupied this lease space over the past three years; therefore, a new SUP is required for this restaurant. Item #4 Page 2 of 3 TRANSPORTATION: Sandy Lake Road is currently a two-lane asphalt road. Improvements to this thoroughfare to a four-lane divided concrete roadway are currently under design. Construction is scheduled to commence in June 2007 and be complete by the end of 2008. SURROUNDING LAND USE & ZONING: North-Taco Bell and Everybody Fits, C (Commercial) South –vacant and 7-11/Citgo Gas Station, C (Commercial) East-Town Center Shopping Center, TC (Town Center) West- Albertson’s, C (Commercial) COMPREHENSIVE PLAN: The 1996 Comprehensive Master Plan shows the property as suitable for Neighborhood Retail uses. DISCUSSION: This request is to allow a 1,485 square-foot Wings-N-Things restaurant, with private club, to occupy the lease space abutting Albertson’s in the Woodside Village retail center. In addition to wings, the menu will include items such as salads, sandwiches, side dishes, fries and beer, wine and margaritas. This restaurant will provide both take-out and dining room service. There are proposed to be eight tables and a total of 28 seats within the facility. The applicant has requested that the hours of operation not exceed 11 a.m. to 10 p.m., seven days a week. Per the requirements of the Zoning Ordinance, parking for this use is required at a ratio of one space per 100-square feet, thus requiring 15 parking spaces. Given the existing and proposed mix of retail, office, medical office and restaurant, there will be a deficiency of seven spaces. This 2.31-acre portion of the shopping center, which contains 162 parking spaces, is platted and under a different ownership from the Albertson’s lot. There are approximately 336 parking spaces for this 74,185 square foot grocery store, which is 12 spaces over Zoning Ordinance requirements. As indicated in the attached letter, Albertson’s has agreed to allow these seven parking spaces to be provided on their lot. In practicality, this lot would be used for patrons of this restaurant, given its location in this shopping center. This lease space will have 18’ of frontage on Sandy Lake Road; therefore, the requested 16.5 square-foot sign is allowable per the Sign Ordinance. The sign faces are proposed to be white with red inlays, and black trim caps and returns. Per section 12-29-4 of the Zoning Ordinance, the red inlays are not permitted. There was no raceway specified on the drawings; Item #4 Page 3 of 3 however, if planned, they need to match the color of the material to which they are mounted. Finally, the illumination shall be limited to white or off-white. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of S-1065R for Wings-N-Things, subject to the following conditions: 1) Revision to the proposed sign to be in accordance with the Sign Ordinance; specifically, the faces of the signs need to be white (no red inlays) and if raceways are used, they also need to match the material that they are mounted, and the illumination is limited to white or off-white. 2) The property shall be developed in accordance with the site plan, floor plan and revised sign plan. 3) The hours of operation shall not exceed 11 a.m. to 10 p.m. seven days a week. 4) Incorporation of the shared parking agreement as a condition to this SUP. 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) Parking Analysis 2) Letter from Greenway and Albertson’s allowing for parking 3) Sample Menu 4) Site Plan 5) Floor Plan 6) Sign Plan DEPT: Planning DATE: September 9, 2003 ITEM #: 13 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-176R3, Bethel Road Estates, Phase II, zoning change from PD-176R2 (Planned Development-176 Revision 2) to PD-176R3 (Planned Development-176 Revision 3), to reduce two lots to one to allow the development of one single-family home on 1.04 acres of property located along the north side of Bethel Road approximately 120 feet east of Hearthstone Lane. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: August 21, 2003 Decision of P&Z Commission: Approval (5-1) with Commissioners McCaffrey, Kittrell, McGahey, Halsey and Foreman voting in favor. Commissioner Reese opposed. Approval is recommended, subject to the following conditions: 1) On Zoning Exhibit, indicate with dashed symbol the property line and lot numbers between former Lots 1and 2. (CONDITION MET) 2) On Zoning Exhibit, add to PD CONDITION B “R” after “Lot 1” and “on PD-176R3 Site Plan” after “…fencing as shown”. (CONDITION MET) 3) On Zoning Exhibit, remove from PD CONDITIONS E the “s” on “Lots”. (CONDITION MET) 4) On Zoning Exhibit, remove “Prop.” from lots 15R and 16R. (CONDITION MET) 5) On Site Plan Exhibit, add to PD CONDITION B “R” after “Lot 1”. (CONDITION MET) 6) On Site Plan Exhibit, remove from PD CONDITION E the “s” on “Lots”. (CONDITION MET) 7) On Site Plan, identify all structures (square footage, height, use, etc.). 8) On both Exhibits, indicate Hearthstone Lane as a 50-foot right-of-way. (CONDITION MET) 9) Two point of access will be allowed from Bethel Road. (CONDITION MET) 10) All conditions of PD-176R2 (attached) be placed on Zoning and Site Plan exhibits with the exception of (F) acreage and (K) zoning, and note as conditions for PD-176R3. 11) Abide by other review agency comments. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @2PD-176R3, BREII 1-AR Item # 5 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-176R3, Bethel Road Estates, Phase II, PD-176R2 to PD-176R3 P & Z HEARING DATE: August 21, 2003 C.C. HEARING DATE: September 9, 2003 STAFF REP.: Gary L. Sieb, Planning Director LOCATION: Along the north side of Bethel Road, approximately 120’ east of Hearthstone Lane SIZE OF AREA: 1.04 acres of property CURRENT ZONING: PD-176R2 (Planned Development-176 Revision 2), containing two single-family residential lots. REQUEST: PD-176R3 (Planned Development-176 Revision 3) the creation of one lot from the current two, for the development of one single- family home. APPLICANT: Applicant: The Holmes Builders 1406 Halsey Way, Suite 100 Carrollton, TX. 756007 (972) 242-1770, Ext. 201 FAX (972) 242-2931 Owner: Scott Orr 481 Wales Court Coppell, TX. 75019 HISTORY: This property has an extensive development history. In April of 1999, the zoning was changed from SF-9 and C to PD-176. The Item # 5 Page 2 of 3 purpose of the rezoning was to construct one single-family home on the property. In July of 2000, a revision was made to the PD permitting the extension of a fifty-four inch drainage pipe and construction of a stone headwall. In that some month, a request was granted changing the density from one lot to two, as the potential buyer of the original PD lot moved elsewhere. In addition, the original 1.5-acre parcel was replatted into the two lots and reduced the size of the area to 1.04 acres. The remainder of the tract was platted into two existing residential lots in Old Coppell Estates, lying immediately north of the subject property. TRANSPORTATION: Bethel Road is an unimproved asphalt road scheduled to be reconstructed as a C2U two-lane undivided concrete roadway, 28-feet wide and contained within a 50-foot right-of-way. SURROUNDING LAND USE & ZONING: North- single family residential; SF-9 and PD-119-SF-9 South – Grapevine Springs Park; PD-108-LI East - single-family home; C (Commercial) and R (Retail) West – single-family residential; SF-9 COMPREHENSIVE PLAN: The 1996 Comprehensive Master Plan shows the property as suitable for low density residential uses with, if appropriate, historic overlay. DISCUSSION: This is a request to modify an existing Planned Development District by reducing the density from two residential lots to one. In reviewing the HISTORY section of this report, the fact that this property was once proposed for a single-residential lot, makes this request rather straightforward. The City supported the two-lot rezoning, and there is no reason to believe this one-lot amendment will not be also. There are no overwhelming development issues to resolve, the conditions of the original approved PD are still in effect, and staff would recommend approval with those conditions. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Item # 5 Page 3 of 3 Staff recommends approval of this PD amendment, subject to the following conditions: 1. On Zoning Exhibit, indicate with dashed symbol the property line and lot numbers between former Lots 1and 2. 2. On Zoning Exhibit, add to PD CONDITION B “R” after “Lot 1” and “on PD-176R3 Site Plan” after “…fencing as shown”. 3. On Zoning Exhibit, remove from PD CONDITIONS E the “s” on “Lots”. 4. On Zoning Exhibit, remove “Prop.” from lots 15R and 16R. 5. On Site Plan Exhibit, add to PD CONDITION B “R” after “Lot 1”. 6. On Site Plan Exhibit, remove from PD CONDITION E the “s” on “Lots”. 7. On Site Plan, identify all structures (square footage, height, use, etc.). 8. On both Exhibits, indicate Hearthstone Lane as a 50-foot right-of-way. 9. One point of access will be allowed from Bethel Road. 10. All conditions of PD-176R2 (attached) be placed on Zoning and Site Plan exhibits with the exception of (F) acreage and (K) zoning. 11. Abide by other review agency comments. 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) Zoning Exhibit 3) Copy of PD-176R2 conditions 4) Review agency comments (Engineering, Utility Company) DEPT: Planning DATE: September 9, 2003 ITEM #: 14 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of the Bethel Road Estates, Phase II, Lot 1R, Replat of Lots 1 and 2, Block 1, to create one lot for the development of a single-family home on approximately 1.04 acres of property located along the north side of Bethel Road, approximately 120 feet east of Hearthstone Lane. GOAL(S): D EXECUTIVE SUMMARY: Date of P&Z Meeting: August 21, 2003 Decision of P&Z Commission: Approval (5-1) with Commissioners McCaffrey, Kittrell, McGahey, Halsey and Foreman voting in favor. Commissioner Reese opposed. Approval is recommended, subject to the following conditions: 1) All written conditions on the replat refer to one lot. (CONDITION MET) 2) All conditions of PD-176R2 (attached) be placed on the replat document with the exception of (F) acreage, and (K) zoning, and note as conditions for PD-176R3. 3) Add to PD CONDITION B, “on PD-176 R3 Site Plan.” after “…fencing as shown”, and “R” after Lot 1. (CONDITION MET) 4) Delete “plat” in City Secretary’s signature block. (CONDITION MET) 5) Change “these” to “this”, “lots” to “lot”, and “have” to “has” on NOTES, Condition #2. (CONDITION MET) 6) State that the subject property is zoned PD-176R3. (CONDITION MET) 7) Compliance with all written review comments (attached). (CONDITION MET) 8) Replat document must be black line for recording. Staff recommends approval. IR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @3BREII, Lot 1R, Replat 1-AR Item # 6 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Bethel Road Estates, Phase II, Lot 1R Replat of Lots 1 and 2 P & Z HEARING DATE: August 21, 2003 C.C. HEARING DATE: September 9, 2003 STAFF REP.: Gary L. Sieb, Planning Director LOCATION: Along the north side of Bethel Road, approximately 120’ east of Hearthstone Lane SIZE OF AREA: 1.04 acres of property CURRENT ZONING: PD-176R2 (Planned Development-176 Revision 2), containing two single-family residential lots. REQUEST: Creation of one lot from the current two, for the development of a single-family home. APPLICANT: Developer: The Holmes Builders 1406 Halsey Way, Suite 100 Carrollton, TX. 75007 (972) 242-1770, Ext. 201 FAX (972) 242-2931 Engineer: Hennessey Engineering, Inc. 1417 W. Main, Suite 100 Carrollton, TX. 75006 (972) 245-9478 FAX (972) 245-7087 Item # 6 Page 2 of 3 HISTORY: This property has an extensive development history. In April of 1999, the zoning was changed from SF-9 and C to PD-176. The purpose of the re-zoning was to construct one single-family home on the property. In July of 2000 a revision was made to the PD permitting the extension of a fifty-four inch drainage pipe and construction of a stone headwall. In that same month, a request was granted changing the density from one lot to two, as the potential buyer of the original PD lot had moved elsewhere. This request also eliminated the need for the drainage pipe and headwall, opting for natural drainage across the property and the saving of several trees. In addition to the original 1.5-acre parcel being replatted into the two lots, the size of the area was reduced to 1.04 acres. The remainder of the tract was platted into two existing residential lots in Old Coppell Estates, lying immediately north of the subject property. TRANSPORTATION: Bethel Road is an unimproved asphalt road scheduled to be reconstructed as a C2U two-lane undivided concrete roadway, 28 feet wide and contained within a 50-foot right-of-way. SURROUNDING LAND USE & ZONING: North- single-family residential; SF-9, and PD-119-SF-9 South – Grapevine Springs Park; PD-108-LI East - single family home; C (Commercial) and R (Retail) West – single-family residential; SF-9 COMPREHENSIVE PLAN: The 1996 Comprehensive Master Plan shows the property as suitable for low density residential uses with, if appropriate, historic overlay. DISCUSSION: As described in the HISTORY section, this property has had an extensive development past. First was the rezoning to a residential PD of one lot. Then, the one lot was divided into two lots. Now, we have a request to rezone and replat the property back to a one-lot subdivision. The City supported the original rezoning. We also supported the request to replat into two lots. We now support this request to replat back to one lot. We further understand the property has recently been sold to an individual who proposes to build one residence on the lot, hence the reason for this replat request. We do, however, recommend only one access point to Bethel Road. Item # 6 Page 3 of 3 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends approval of the request to replat this property from two lots into one. We further recommend only one access point to Bethel Road (which would be identical to the original one lot plat). The zoning case that preceded this application revised the PD to include one lot, we have an owner who is ready to build on the one lot, and with modifications to the plat document, staff supports this request. We recommend approval subject to: 1. All written conditions on the replat refer to one lot. 2. All conditions of PD-176R2 (attached) be placed on the replat document with the exception of (F) acreage, and (K) zoning. 3. Add to PD CONDITION B, “on PD-176 R3 Site Plan.” after “…fencing as shown”, and “R” after Lot 1. 4. Delete “plat” in City Secretary’s signature block. 5. Change “these” to “this”, “lots” to “lot”, and “have” to “has” on NOTES, Condition #2. 6. State that the subject property is zoned PD-176R3. 7. Compliance with all written review comments. 8. Replat document must be black line for recording. 9. One point of access to Bethel Road. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Replat document 2) Copy of PD-176R2 conditions 3) Oncor comment. 4) Engineering comment. DEPT: Planning DATE: September 9, 2003 ITEM #: 15 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the St. Andrews Estates, Lots 1 through 24X, Block 2, Preliminary Plat, to allow a 23 lot single-family subdivision, and one common area lot, on approximately 10 acres of property located along the north side of DeForest Road between Prestwick Court and Stratford Lane. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: August 21, 2003 Decision of P&Z Commission: Approval (6-0) with Commissioners McCaffrey, Reese, Kittrell, McGahey, Halsey and Foreman voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Cul-de-sac exceeding 600 feet in length being granted by City Council. 2) Sideyard setbacks are placed on oversized lots. (CONDITION MET) 3) Approval of the alignment of the extension of Stonewick Lane. 4) All lots must have 85 feet minimum width at building line. (CONDITION MET) 5) Wall and alley waivers being granted by City Council. 6) Change title and monument sign on the Landscape Plan to St. Andrews Estates. (CONDITION MET) 7) Abide by other review agency comments. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @4St. Andrews Estates PP 1-AR Item # 7 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: St. Andrews Estates, Lots 1-24X, Block 2 Preliminary Plat P & Z HEARING DATE: August 21, 2003 C.C. HEARING DATE: September 9, 2003 STAFF REP.: Gary L. Sieb, Planning Director LOCATION: Along the north side of DeForest Road, between Prestwick Court and Stratford Lane. SIZE OF AREA: Approximately 10 acres of property CURRENT ZONING: SF-12 (Single family-12) REQUEST: Preliminary Plat approval to allow a 23-lot subdivision, plus a common area lot. APPLICANT: The Holmes Builders, Inc. 1406 Halsey Way, Suite 100 Carrollton, TX. 75007 (972) 242-1770, Ext. 201 FAX (972) 242-2931 HISTORY: There has been no recent development history on the subject tract, as it has been used as the City’s Service Center for many years. The Service Center recently moved to a new location, and this 10-acre property was placed in the market place for sealed bids. The Holmes Item # 7 Page 2 of 4 Builders, Inc., was the successful bidder and now wishes to plat the property for residential development. TRANSPORTATION: DeForest Road is an unimproved asphalt road contained within a variable-width right-of-way ranging from 40 to 50 feet. It is planned to eventually be a 27-foot wide concrete street with a 50-foot right- of-way. SURROUNDING LAND USE & ZONING: North- single-family residence; PD-184 SF-ED South – single-family residences; PD-137 (zero lot line) East - single-family residences; PD-161 SF-12 West – single family residence; SF-12 COMPREHENSIVE PLAN: The 1996 Comprehensive Master Plan shows the property as suitable for public/institutional use which has now moved: single-family residences were proposed if the Service Center were to vacate the property. DISCUSSION: Recently, this 10-acre City-owned land was put out for bid and purchased by The Holmes Builders, Inc., a single- family developer/builder. There are concerns with this plat that must be addressed before development can occur. First, alleys are normally required in any residential development not requesting a zoning change to PD. Although the Planning Commission cannot waive the requirements of the subdivision regulations (which require alleys), Council can make exceptions to those rules on a case-by-case basis. Second, the cul-de-sac maximum length is specified as 600 feet. As measured to the back of the cul-de-sac, this distance is a bit greater than 600 feet. Third, setbacks along DeForest Road are normally 30 feet. If this were a normal privacy fence, the Building Official would not allow it. However, this particular structure is a screening WALL, and the 30-foot setback can be waived by Council. Fourth, this plan shows a screening wall height in excess of eight feet. Our maximum allowable height is eight feet. The proposal indicates a screening wall in excess of nine feet. Again, Council can approve the height. Fifth, the most prudent way to address these Item # 7 Page 3 of 4 concerns is normally through the PD zoning process. However, because Council has the authority to waive development guidelines generally spelled out in the Subdivision Regulations, the applicant has the right to apply as he did. This procedure bypasses the zoning process and the advertisement of the case to landowners within 200 feet of the request. Sixth, in an attempt to resolve the 600-foot maximum cul-de-sac length, the applicant has realigned his street with the logical extension of Stonewick Lane in the Prestwick subdivision to the west. This causes a realignment of the existing Stonewick, as well as crossing the Estrada property adjacent to St. Andrews. This alignment needs careful thought regarding its feasibility. As stated above, it could be argued that this application should have requested PD zoning to resolve the above- listed issues and allow surrounding property owners an opportunity to review and comment on the development. However, the density proposed is much less than any zoning around this parcel. Lot sizes range from a little over 12,000-square feet to almost 28,000-square feet. The residential use proposed is a much less intense use than the former City Service Center. The proposal conforms to the Comprehensive Plan. Public notice was given when the City advertised this property for sale and had a provision that the property would have to be used for single-family SF-12 construction. Given these facts, it could be debated which process was the more prudent course of action. Staff would have preferred a PD application to cleanly resolve all the issues discussed above at the Commission level. On the other hand, City Council can modify the Subdivision Regulations and get to the same end result. In addition, the Prestwick subdivision just to the west of this property went through an identical development process, opting to request modification to the Subdivision Regulations rather than apply for a PD zoning. That project resulted in an excellent residential subdivision. The only issue which might require additional review is the alignment of the proposed extension of Stonewick Lane. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Item # 7 Page 4 of 4 Staff recommends approval subject to the following conditions: 1) Cul-de-sac will not exceed 600 feet in length. 2) Sideyard setbacks are placed on oversized lots. 3) Approval of the alignment of the extension of Stonewick Lane. 4) All lots must have 85 feet minimum width at building line. 5) Wall and alley waivers being granted by City Council. 6) Abide by other review agency comments. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Preliminary Plat 2) Review agency comments (Engineering, Utility Company, Parks, Fire) DEPT: Planning DATE: September 9, 2003 ITEM #: 16 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Gateway Business Park, No. 2, Lot 2R1, Block C, Site Plan Amendment (Washington Mutual), to amend the Site Plan to allow 50 additional parking spaces on 8.097 acres of property located at 555 Dividend Drive. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: August 21, 2003 Decision of P&Z Commission: Approval (6-0) with Commissioners McCaffrey, Reese, Kittrell, McGahey, Halsey and Foreman voting in favor. None opposed. Approval is recommended, with no conditions. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @6GBP#2, SPA 1-AR Item #8 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Gateway Business Park, No. 2, Lot 2R1, Block C Site Plan Amendment (Washington Mutual) P & Z HEARING DATE: August 21, 2003 C.C. HEARING DATE: September 9, 2003 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: 555 Dividend Drive. SIZE OF AREA: 8.097 acres of property CURRENT ZONING: LI-S-1202 (Light Industrial with Special Use Permit-1202, for outside petroleum products storage). REQUEST: Amend the Site Plan to allow 50 additional parking spaces on 8.097 acres of property, containing a 104,000-square-foot building. APPLICANT: Owner: Architect: Robert McCann Terrance J. Wright Catellus Development Wright Group 5720 LBJ Freeway #190 1110 S. Elm Street Dallas, TX 75240 Carrollton, TX 75006 972-419-1907 972-242-1015 972-419-1925 972-446-8013 Item #8 Page 2 of 3 HISTORY: In December 1998, Council approved a site plan and preliminary plat with three lots totaling 32.82 acres for this tract of property. The Planning and Zoning Commission approved the final plat for 7.31 acres in 1999. The approved site plan allowed for the construction of the 103,611 square-foot (2-story) office building. In March of 2002, Council approved a site plan amendment for this office building, allowing for an emergency generator with screening wall to be located in close proximity to the east end of the building. As recommended by the Planning and Zoning Commission, the screening wall was revised to incorporate various design features of the existing office building (spandrel glass and reveals). This approval was also subject to the condition that in the event this generator is no longer needed, the generator, screening walls and non-required landscaping shall be removed. In August of 2002, Council approved Special Use Permit-1202 for the subject tract to allow for a 4,000-gallon above-ground gasoline storage tank for a proposed back-up generator. The site plan was also revised to allow for 32 additional parking spaces. This property was also replatted at that time to accommodate the additional parking. TRANSPORTATION:LBJ Freeway is a full-service freeway built to standard. This tract may be accessed from the Freeport Parkway exit. Dividend Drive, which contains enhanced pavement and landscaping and is the entry road into the Gateway Business Park, was constructed with this development and is located at the northeastern edge of this tract. SURROUNDING LAND USE & ZONING: North- vacant; LI (Light Industrial) South - LBJ Freeway East - Coppell Middle School West; C (Commercial) West - vacant; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for freeway commercial uses. Item #8 Page 3 of 3 DISCUSSION: This is very similar to the previous site plan amendment that was approved last year on this tract. At that time, the site plan and plat were revised to allow for 32 additional parking spaces. This time, the applicant is requesting an additional 50 spaces to serve the needs of the tenant of the north half of the building, which is Washington Mutual. Given that this additional parking crosses an existing lot line, replatting is required. The expanded parking lot will be landscaped with the same materials as the original lot, and these parking spaces will be accessed through the existing parking lot and driveways. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL the revised site and landscape plans for Gateway Business Park, No. 2, Lot 2R1, Block C, with no conditions. 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) Overall Site Plan 2) Enlarged Site Plan of expanded parking lot 3) Landscape Plan DEPT: Planning DATE: September 9, 2003 ITEM #: 17 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of the Gateway Business Park, No. 2, Lots 1R1 and 2R1, Block C, Replat (Washington Mutual), to allow 50 additional parking spaces on 12.027 acres of property located at 555 Dividend Drive. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: August 21, 2003 Decision of P&Z Commission: Approval (6-0) with Commissioners McCaffrey, Reese, Kittrell, McGahey, Halsey and Foreman voting in favor. None opposed. Approval is recommended, with no conditions. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @7GBP#2, Replat 1-AR Item #9 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Gateway Business Park, No. 2, Lots 1R1 and 2R1, Block C, Replat (Washington Mutual) P & Z HEARING DATE: August 21, 2003 C.C. HEARING DATE: September 9, 2003 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: 555 Dividend Drive. SIZE OF AREA: 12.027 acres of property CURRENT ZONING: LI-S-1202 (Light Industrial with Special Use Permit-1202, for outside petroleum products storage). REQUEST: Replat approval to allow 50 additional parking spaces on 8.097 acres of property, containing a 104,000-square-foot building. APPLICANT: Owner: Surveyor: Robert McCann Steve Miller Catellus Development Miller Surveying 5720 LBJ Freeway # 190 430 Mid Cities Blvd. Dallas, TX 75240 Hurst, TX 76054 972-419-1907 817-577-1052 972-419-1925 817-577-0922 Item #9 Page 2 of 3 HISTORY: In December 1998, Council approved a site plan and preliminary plat with three lots totaling 32.82 acres for this tract of property. The final plat for 7.31 acres was approved by the Planning and Zoning Commission in 1999. The approved site plan was for a 103,611 square-foot (2-story) office building, which has since been constructed. In March of 2002, Council approved a site plan amendment for this office building, allowing for an emergency generator with screening wall to be located in close proximity to the east end of the building. As recommended by the Planning and Zoning Commission, the screening wall was revised to incorporate various design features of the existing office building (spandrel glass and reveals). This approval was also subject to the condition that in the event this generator is no longer needed, the generator, screening walls and non-required landscaping shall be removed. In August of 2002, Council approved Special Use Permit-1202 for the subject tract to allow for a 4,000-gallon above-ground gasoline storage tank for a proposed back-up generator. The site plan was also revised to allow for 32 additional parking spaces. This property was also replatted at that time to accommodate the additional parking. TRANSPORTATION:LBJ Freeway is a full-service freeway built to standard. This tract may be accessed from the Freeport Parkway exit. Dividend Drive, which contains enhanced pavement and landscaping and is the entry road into the Gateway Business Park, was constructed with this development and is located at the northeastern edge of this tract. This street. SURROUNDING LAND USE & ZONING: North- vacant; LI (Light Industrial) South - LBJ Freeway East - Coppell Middle School West; C (Commercial) West - vacant; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for freeway commercial uses. Item #9 Page 3 of 3 DISCUSSION: As discussed in the HISTORY section, this area was originally platted as a three-lot subdivision, one lot north and two lots south of Dividend Drive and was replatted last year to add approximately 13,200-square feet of property to Lot 2R to allow for the construction of 32 parking spaces. The current request is to add 50 more parking spaces to the northeast side of this parking lot. To accommodate these additional spaces, approximately ½ of an acre is being added to Lot 2R1. This will result in a decrease in acreage of Lot 1R2 from 4.41 to 3.930 acres and an increase of Lot 2R1 from 7.61 to 8.097 acres. All easements and the fire lane have been brought forward from the original plat and are correctly delineated on the replat. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Gateway Business Park, No. 2, Lots 1R1 and 2R1, Block C, Replat, with no conditions ALTERNATIVES: 1) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Replat of Gateway Business Park, No. 2, Lots 1R1 and 2R1, Block C DEPT: City Secretary DATE: September 9,2003 ITEM #: 18 AGENDA REQUEST FORM ITEM CAPTION: Consider appointments to the City’s Boards, Commissions and Committees. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %bdappts AGENDA REQUEST NARRATIVE THE FOLLOWING VACANCIES ARE AVAILABLE: AMERICAN RED CROSS REPRESENTATIVE 1 Citizen (2-year term of office) 1 Citizen - Alternate (1-year term of office) ANIMAL SERVICES APPEALS BOARD 1 Citizen (2-year term of office) 1 Citizen - Alternate (2-year term of office) BOARD OF ADJUSTMENT 2 Citizens (2-year term of office) 2 Citizens - Alternates (2-year term of office) 1 Citizen - Alternate (1-year term of office) CONDUCT REVIEW BOARD Citizens to serve 2-year term of office COPPELL ECONOMIC DEVELOPMENT COMMITTEE 5 Citizens (2-year term of office) Agenda Narrative Form - Revised 1/99 COPPELL EDUCATION DEVELOPMENT CORPORATION 4 Citizens (2-year term of office) KEEP COPPELL BEAUTIFUL COMMITTEE 4 Citizens (2-year term of office) LIBRARY BOARD – YOUTH ADVISOR 2 Students (1-year term of office) LIBRARY BOARD 4 Citizens (2-year term of office) 1 Citizen - Alternate (2-year term of office) 1 Citizen - Alternate (1-year term of office) PLANNING AND ZONING COMMISSION 4 Citizens (2-year term of office) SPECIAL COUNSEL Citizen Attorney’s to serve 2-year term of office DATE: September 9, 2003 ITEM #: 19 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: September 9, 2003 ITEM #: 20 AGENDA REQUEST FORM CITY MANAGER'S REPORT A. Report regarding Regional Air Quality. Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: September 9, 2003 ITEM #: 21 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Repor t by Mayor Stover regarding Homecoming Parade. B. Repor t by Mayor Stover regarding Pete Sessions Ride Along. C. Repor t by Mayor Stover regarding Woman of the Year Luncheon. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: September 9, 2003 ITEM #: 22 AGENDA REQUEST FORM COUNCIL COMMITTEE REPORTS A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Seniors - Councilmember York. D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters. E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember Brancheau. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Service Center - Councilmember Brancheau. H. Nor th Texas Council of Governments - Councilmember Tunnell. I. Nor th Texas Commission - Councilmember Tunnell. J. Senior Adult Services - Councilmember Suhy. K. Town Center/Architectural Committee - Councilmember Faught. L. Trinity River Common Vision Commission - Councilmember Faught. M. Trinity Trail Advisor y Commission - Councilmember Raines. Agenda Request Form - Revised 06/03 Document Name: %ccommreport DATE: September 9, 2003 ITEM #: 23 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec