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CP 2003-10-28 NOTICE OF CITY COUNCIL MEETING AND AGENDA OCTOBER 28, 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 6:00 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, October 28, 2003, at 6:00 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. ag102803 Page 1 of 7 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code - Deliberation regarding Real Proper ty. 1. Discussion regarding City-owned land nor th of Ruby Road and east of State Road. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Employee Wellness Program. B. Discussion regarding Holiday Lighting Sponsorship Program. C. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. 5. Pledge of Allegiance. 6. PROCLAMATIONS: A. Consider approval of a proclamation honoring John Bryan for achieving the rank of Eagle Scout, and authorizing the Mayor to sign. B. Consider approval of a proclamation honoring Bryce Looney for achieving the rank of Eagle Scout, and authorizing the Mayor to sign. C. Consider approval of a proclamation honoring Nathaniel Zastrow for achieving the rank of Eagle Scout, and authorizing the Mayor to sign. D. Consider approval of a proclamation naming the month of November Coppell ISD Education Foundation Month, and authorizing the Mayor to sign. E. Consider approval of a proclamation naming the week of November 3-8, 2003 as Key Club Week, and authorizing the Mayor to sign. 7. Presentation by Lynn Baldwin, Coppell Independent School District, regarding Service Learning. 8. Citizen's Appearances. ag102803 Page 2 of 7 ITEM # ITEM DESCRIPTION CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: October 14, 2003. B. Consider approval of canceling the second meetings in November and December, being November 25, 2003 and December 23, 2003. C. Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 2, by Deleting Ar ticle 2-7, Sections 2-7-1 through 2-7-5, providing for the Coppell Telecommunications Board, reserving the same for future use; and authorizing the Mayor to sign. D. Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 2, by deleting Ar ticle 2-5, Sections 2-5-1 through 2-5-3, providing for the Coppell 2000 Citizens Committee, reser ving the same for future use; and authorizing the Mayor to sign. E. Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 2, by deleting Ar ticle 2-8, Sections 2-8-1 through 2-8-6, providing for the Code Advisor y and Appeals Board, reserving the same for future use; and authorizing the Mayor to sign. F. Consider approval of an Ordinance amending the Code of Ordinances by amending Section 2-1-4(E), the Librar y Board, Section 2-2-4(E), Parks and Recreation Board, Section 2-3-4(B), Keep Coppell Beautiful, and by adding Section 9-1-8(C), The Animal Services Appeals Board, to establish minimum attendance requirements; by amending Section 2-1-4, the Librar y Board, by adding subsection (F), amending Section 2-2-4, Parks and Recreation Board, by adding Subsection (F), amending Section 2-3-4, Keep Coppell Beautiful, by adding subsection (E)(2), amending Section 2-4-4, Planning and Zoning Commission, by adding subsection (F), amending Section 2- 6-2, Building and Standards Commission, by adding subsection (H)(2), and by amending Section 9-1-8, Animal Services Appeal Board, by adding Subsection (C), to providing for abstaining from voting; and authorizing the Mayor to sign. ag102803 Page 3 of 7 ITEM # ITEM DESCRIPTION G. Consider approval of The William T. Cozby Public Librar y Advisor y Board Amended By-Laws as approved by Librar y Advisor y Board on October 9, 2003. H. Consider approval of the Interlocal Cooperation Agreement to promote Library Ser vices to Denton County Residents, for which the city will be compensated $10,925 for fiscal year 03/04 and authorizing the Mayor to sign. I. Consider approval of an Ordinance of the City of Coppell, Texas, amending Chapter 8, Section 8-1-3 of the Code of Ordinances by amending the maximum prima facie speed limit for Fieldcrest Loop and Fieldcrest Circle; and authorizing the Mayor to sign. J. Consider approval of a Release of Agreement between the City of Coppell and RPG Estates, Ltd. relating to the construction of Fairway Drive; and authorizing the City Manager to sign. K. Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 15, Ar ticle 15-4, adopting the 1999 National Electrical Code, by amending Section 85.4, providing a time specific for Electrical Code permit expirations, providing an effective date, and authorizing the Mayor to sign. L. Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 15, Ar ticle 15-1, adopting the 2000 International Building Code, by amending Section 105.5, providing a time specific for Building Code per mit expirations, providing an effective date, and authorizing the Mayor to sign. M. Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 15, Ar ticle 15-5, adopting the 2000 International Fire Code, by amending Section 105.3.1, providing a time specific for Fire Code permit expirations, providing an effective date, and authorizing the Mayor to sign. N. Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 15, Ar ticle 15-6, adopting the 2000 International Fuel Gas Code, by amending Section 106.4.3, providing a time specific for Fuel Gas Code per mit expirations, providing an effective date, and authorizing the Mayor to sign. O. Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 15, Ar ticle 15-3, adopting the 2000 ag102803 Page 4 of 7 ITEM # ITEM DESCRIPTION International Mechanical Code, by amending Section 106.4.3, providing a time specific for Mechanical Code per mit expirations, providing an effective date, and authorizing the Mayor to sign. P. Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 15, Ar ticle 15-2, adopting the 2000 International Plumbing Code, by amending Section 106.5.3, providing a time specific for Plumbing Code per mit expirations, providing an effective date, and authorizing the Mayor to sign. Q. Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 15, Ar ticle 15-8, adopting the 2000 International Residential Code, by amending Section R105.5, providing a time specific for Residential Code per mit expirations, providing an effective date, and authorizing the Mayor to sign. R. Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 9, Ar ticle 9-2, Fence Regulations, by amending Section 9-2-7, Materials, to allow vinyl fencing and prohibit chain-link fence, in residentially-zoned districts, providing an effective date, and authorizing the Mayor to sign. END OF CONSENT 10. Consider approval of the annual budget repor t for the Coppell Education Development Corporation. 11. Consider approval of an Ordinance to amend the Code of Ordinances by adding Ar ticle 6-15, Sections 6-15-1 through 16-15-8, establishing provisions for temporar y signs, providing an effective date, and authorizing the Mayor to sign. 12. Necessary action resulting from Work Session. 13. City Manager's Repor t. A. Special Session Legislative Summar y. 14. Mayor and Council Repor ts. A. Repor t by Mayor Stover regarding Halloween Safety. B. Repor t by Mayor Pro Tem Peters regarding TEX-21's Quar terly Meeting. C. Repor t by Mayor Pro Tem Peters regarding the Historic Preservation Conference. ag102803 Page 5 of 7 ITEM # ITEM DESCRIPTION 15. 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. 16. 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 ag102803 Page 6 of 7 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. ag102803 Page 7 of 7 KEY TO COUNCIL GOALS ICONS 2004 Economic Development • Focus on development "Hot Spots" • Develop comprehensive business retention plan • Develop partnerships to revitalize vacant retail properties • Make next level decisions on Old Coppell Quality Public Facilities & Infrastructure • Maintain and increase IMF funding as required • Maintain quality of public facilities • Provide quality park and recreation activities for all • Strategically plan for community's future water needs Excellent City Services & High Citizen Satisfaction • Finalize assessment of Fire Department needs • Focus on employee retention • Timely responsiveness with quality delivery of service • Provide for feedback opportunities for and input from citizens Sense of Community • Develop and support community special events • Develop and support activities and programs for teens • Create opportunities for citizen involvement • Assess and finalize decision on community cemetery Fiscal Stability • Continue systematic reduction and management of debt • Continue and improve financial planning and forecasting • Ensure community can financially maintain what had been developed • Continue to diversify the City's tax base Neighborhood Integrity • Focus on code enforcement • Proactively monitor neighborhoods • Develop a communication plan with Home Owner Associations • Update Master Plan and zoning to ensure consistency Effective Transportation • Reduce traffic congestion • Make policy decisions on regional transportation/DART • Support transortation issues related to air quality • Continue public education on regional transportation issues Safe Community • Maintain and improve on existing safety levels • Raise awareness and support for Homeland Security • Provide quality public safety education programs • Enhance traffic control efforts DATE: October 28, 2003 ITEM #: ES-2 AGENDA REQUEST FORM EXECUTIVE SESSION A. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding City-owned land north of Ruby Road and east of State Road. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %executivesession DATE: October 28, 2003 ITEM #: WS-3 AGENDA REQUEST FORM WORK SESSION A. Discussion regarding Employee Wellness Program. B. Discussion regarding Holiday Lighting Sponsorship Program. C. Discussion of Agenda Items. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %worksession DEPT: City Manager DATE: October 28, 2003 ITEM #: 6/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation honoring John Bryan for achieving the rank of Eagle Scout, 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: !Bryan PROCLAMATION WHEREAS, Eagle Scout is the highest rank a Boy Scout may achieve and it requires hard work and lengthy preparation; and WHEREAS, Merit badges had to be earned and a service project conceived, planned, managed, and completed in order to achieve the rank of Eagle Scout; and WHEREAS, John Bryan of Boy Scout Troop 842 earned 24 merit badges, and redesigned and helped build the Frisbee golf course at Andy Brown East Park as his service project; and WHEREAS, the image of Coppell is positively advanced through the success and achievements of this young man, who has exhibited initiative, determination, and perseverance; and WHEREAS, the City Council wishes to commend John Bryan for achieving the rank of Eagle Scout, and recognize him as a solid citizen and future leader of tomorrow. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby congratulate John Bryan for achieving the rank of Eagle Scout. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _______ day of October 2003. _________________________________ Douglas N. Stover, Mayor ATTEST: ___________________________ Libby Ball, City Secretary DEPT: City Manager DATE: October 28, 2003 ITEM #: 6/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation honoring Bryce Looney for achieving the rank of Eagle Scout, 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: !Bryce PROCLAMATION WHEREAS, Eagle Scout is the highest rank a Boy Scout may achieve and it requires hard work and lengthy preparation; and WHEREAS, Merit badges had to be earned and a service project conceived, planned, managed, and completed in order to achieve the rank of Eagle Scout; and WHEREAS, Bryce Looney of Boy Scout Troop 840 earned 21 merit badges, and organized and oversaw the installation of kitchen-style cabinets in the St. Ann Catholic Parish Life Teen Center as his service project; and WHEREAS, the image of Coppell is positively advanced through the success and achievements of this young man, who has exhibited initiative, determination, and perseverance; and WHEREAS, the City Council wishes to commend Bryce Looney for achieving the rank of Eagle Scout, and recognize him as a solid citizen and future leader of tomorrow. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby congratulate Bryce Looney for achieving the rank of Eagle Scout. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _______ day of October 2003. _________________________________ Douglas N. Stover, Mayor ATTEST: ___________________________ Libby Ball, City Secretary DEPT: City Manager DATE: October 28, 2003 ITEM #: 6/C AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation honoring Nathaniel Zastrow for achieving the rank of Eagle Scout, 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: !Nathaniel PROCLAMATION WHEREAS, Eagle Scout is the highest rank a Boy Scout may achieve and it requires hard work and lengthy preparation; and WHEREAS, Merit badges had to be earned and a service project conceived, planned, managed, and completed in order to achieve the rank of Eagle Scout; and WHEREAS, Nathaniel Zastrow of Boy Scout Troop 841 earned 27 merit badges and designed and installed three ramps for handicap access to a lodge and two cabins at Briarwood Camp and Retreat Center as his service project; and WHEREAS, the image of Coppell is positively advanced through the success and achievements of this young man, who has exhibited initiative, dedication, and perseverance; and WHEREAS, the City Council wishes to commend Nathaniel Zastrow for achieving the rank of Eagle Scout, and recognize him as a solid citizen and future leader of tomorrow. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby congratulate Nathaniel Zastrow for achieving the rank of Eagle Scout. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _______ day of October 2003. ____________________________ Douglas N. Stover, Mayor ATTEST: __________________________ Libby Ball, City Secretary DEPT: City Manager DATE: October 28, 2003 ITEM #: 6/D AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation naming the month of November Coppell ISD Education Foundation Month, 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: !Education PROCLAMATION WHEREAS, the Coppell ISD Education Foundation believes that all parents and community members can participate with the school district to enrich public education; and WHEREAS, the Foundation seeks to encourage all students to work to their highest potential by providing opportunities for unique educational experiences; and WHEREAS, the Foundation encourages Coppell ISD teachers to implement innovative instructional strategies by funding original programs and projects; and WHEREAS, the Foundation believes in recognizing staff members for exemplary teaching; and WHEREAS, the Foundation is resolved, through the administration of its gifts, to support education in Coppell ISD. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do commend the directors of the Coppell Independent School District Education Foundation, and proclaim the month of November as "COPPELL ISD EDUCATION FOUNDATION MONTH" and call upon all citizens to join me in recognizing the valuable work of the Education Foundation and to work with them to support the staff and students of Coppell public schools. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this ______day of October 2003. ______________________________ Douglas N. Stover, Mayor ATTEST: __________________________ Libby Ball, City Secretary DEPT: City Manager DATE: October 28, 2003 ITEM #: 6/E AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation naming the week of November 3-8, 2003 as KEY CLUB WEEK, 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: !Key PROCLAMATION WHEREAS, Key Club, a high school service organization sponsored by Kiwanis International, is observing the week of November 3-8 as Key Club Week; and WHEREAS, The members of the Key Club of Coppell High School are part of an international organization of more than 230,000 students dedicated to: • Providing opportunities for working together in service to school and community; • Developing leadership potential; • Fostering the development of a strong moral character; and • Encouraging loyalty to school, community, and nation; and WHEREAS, The service provided by the Key Club will have a positive impact on our community and its citizens. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby proclaim the week of November 3-8, 2003 as KEY CLUB WEEK and hereby call on the officials of the municipality and all citizens thereof to render all support to the members of this organization and make themselves aware of Key Club, whose members this day are preparing themselves to be better, more responsible citizens as they provide meaningful service to our community. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _______ day of October 2003. _________________________________ Douglas N. Stover, Mayor ATTEST: ___________________________ Libby Ball, City Secretary DEPT: City Secretary DATE: October 28, 2003 ITEM #: 7 AGENDA REQUEST FORM ITEM CAPTION: Presentation by Lynn Baldwin, Coppell Independent School District, regarding Service Learning. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %servicelearning DATE: October 28, 2003 ITEM #: 8 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: October 28, 2003 ITEM #: 9/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: October 14, 2003. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %minutes MINUTES OF OCTOBER 14, 2003 The City Council of the City of Coppell met in Regular Called Session on Tuesday, October 14, 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, City Secretary Libby Ball and City Attorney Robert Hager. NOTE: PRIOR TO THE MEETING BEING CALLED TO ORDER, COUNCIL MET IN THE ATRIUM OF TOWN CENTER FOR A GROUP PHOTO REGULAR SESSION (Open to the Public) 1. Call to order. Mayor Stover called the meeting to order, deter mined that a quorum was present and convened into Work Session. WORK SESSION (Open to the Public) 2. Convene Work Session A. Discussion regarding Asset Rich Communities. B. Discussion regarding Council E-mail. C. Discussion regarding Council Goals. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 3. Invocation. Bishop Greg Brassfield, Church of Jesus Christ of Latter Day Saints led those present in the Invocation. CM101403 Page 1 of 11 4. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 5. Consider approval of a Proclamation naming the week of October 23 through October 31, 2003 as Red Ribbon Week, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Officer Harr and McGruff. Action: Councilmember Raines moved to approve a Proclamation naming the week of October 23 through October 31, 2003 as Red Ribbon Week, and authorizing the Mayor to sign. Councilmember Tunnell 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. Item 18A was discussed at this time. See Item 18 for minutes. 6. Consider approval of a Proclamation naming the week of October 5-11, 2003 as Fire Prevention week, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Deputy Fire Marshall Asebedo and the firemen present. Action: Councilmember Faught moved to approve a Proclamation naming the week of October 5- 11, 2003 as Fire Prevention week, and authorizing the Mayor to sign. 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. 7. Presentation by Ken Hevron, Coppell Historical Society regarding Conference to be held October 24-25 in Coppell. CM101403 Page 2 of 11 Presentation: Mr. Hevron invited Council to attend the Revitalizing the Urban Village in North Texas Conference to be held October 24 – 25 at St. Ann’s Church. 8. Citizen's Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: September 23, 2003. B. Consider approval of a Memorandum of Understanding between the city of Coppell and the Coppell Chamber of Commerce, and authorizing the Mayor to sign. C. Consider approval of a contract for the renewal of the Dallas County Health Ser vices Agreement, effective October 1, 2003, through September 30, 2004, in the amount of $3,131.00, and authorizing the Mayor to sign. Land Use and Development D. Consider approval of an Ordinance for Case No. S-1065R, Wings-N- Things, restaurant with private club, zoning change 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, and authorizing the Mayor to sign. Resolutions E. Consider approval of a resolution authorizing the implementation of an electronic sealed bidding procedure, designating a selected provider of e-procurement ser vices, and authorizing the execution of an agreement with Innovation Group National Purchasing Alliance and authorizing the Mayor to sign the Resolution and authorizing the City Manager to sign the agreement. CM101403 Page 3 of 11 Presentation: Jerod Anderson, Purchasing Agent, briefed Council on Item E. Action: Councilmember Suhy moved to approve Consent Agenda Items A, B, C, D carrying Ordinance No. 91500-A-355 and E car r ying Resolution No. 2003-1014.1. Councilmember Brancheau seconded the motion, the motion car ried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 10. PUBLIC HEARING: Consider approval of Case No. S-1153R, Sushi Kyoto Restaurant with private club, zoning change request from C-S-1153 (Commercial, Special Use Permit- 1153) to C-S-1153R (Commercial, Special Use Permit-1153 Revised), to extend the current daily hours of operation of 11 a.m. to 11 p.m. to 11 a.m. to 2 a.m. for the approximate 1,500 square-foot restaurant with private club located at 761 S. MacArthur Blvd., Suite 121. Presentation: Gar y Sieb, Director of Planning, made a Presentation to Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember York moved to close the Public Hearing and approve Case No. S-1154R, Sushi Kyoto Restaurant with private club, zoning change request from C-S-1153 (Commercial, Special Use Per mit-1153 Revised), to extend the current daily hours of operation of 11 a.m. to 11 p.m. to 11 a.m. to 2 a.m. for the approximate 1,500 square-foot restaurant with private club located at 761 S. MacArthur Blvd., Suite 121 with the following conditions: 1. The operation of this restaurant and private club shall be in accordance with all provisions of S-1153, Ordinance 91500-A-209, except that the hours of operation shall not exceed 11 a.m. to 2 a.m. daily. 2. The parking lot must remain lighted during hours of operation. CM101403 Page 4 of 11 There was a call for an Executive Session at this time. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Gover nment Code - Consultation with City Attor ney. Mayor Stover convened into Executive Session at 7:36 p.m. as allowed under the above- stated article. Mayor Stover adjourned the Executive Session at 7:45 p.m. and reopened the Regular Session. REGULAR SESSION (Open to the Public) 10. PUBLIC HEARING: (CONTINUED) Councilmember Faught seconded the motion, the motion failed 3-4 with Councilmembers Brancheau, Faught, and York voting in favor of the motion and Mayor Pro Tem Peters and Councilmembers Raines, Tunnell and Suhy voting against the motion. 11. PUBLIC HEARING: Consider approval of Case No. S-1189R, Miss Julie’s Southern Sweets, zoning change request from C-S-1189 (Commercial, Special Use Permit-1189) to C-S- 1189R (Commercial, Special Use Permit-1189 Revised), to revise the current daily hours of operation of 5 a.m. to 5 p.m. for the Donut Shop to 5 a.m. to 12 noon, and to allow for the retail sale of bakery items for Miss Julie’s Southern Sweets from 12 noon to 8 p.m., within the existing approximate 973 square- foot restaurant located at 205 N. Denton Tap Road. Presentation: Gar y Sieb, Director of Planning, made a Presentation to Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Faught moved to close the Public Hearing and approve Case No. S-1189R, Miss Julie's Southern Sweets, zoning change request from C-S-1189 (Commercial, Special Use Per mit - 1189) to C-S-1189R (Commercial Special Use Per mit-1189 Revised), to revise CM101403 Page 5 of 11 the current daily hours of operation of 5 a.m. to 5 p.m. for the Donut Shop to 5 a.m. to 12 noon, and to allow for the retail sale of bakery items for Miss Julie’s Southern Sweets from 12 noon to 8 p.m., within the existing approximate 973 square-foot restaurant located at 205 N. Denton Tap Road with the following condition: 1. The operation of this retail sales of bakery items shall be in accordance with all provisions of S-1189, Ordinance 91500-A-304, except that the hours of operations for Donut City shall not exceed 5 a.m. to noon, and Miss Julie’s Southern Sweets’ hours of operation shall not exceed from noon to 8 p.m. daily. Councilmember Raines 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. 12. PUBLIC HEARING: Consider approval of Case No. S-1209, Kolache Depot Bakery, zoning change request from C (Commercial) to C-S-1209 (Commercial, Special Use Permit- 1209), to allow the operation of an approximate 1,200 square-foot bakery and restaurant located at 761 S. MacArthur Blvd., Suite 113. Presentation: Gar y Sieb, Director of Planning, made a Presentation to Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Brancheau moved to close the Public Hearing and approve Case No. S-1209, Kolache Depot Baker y, zoning change request from C (Commercial) to C-S-1209 (Commercial, Special Use Permit-1209), to allow the operation of an approximate 1,200 square-foot baker y and restaurant located at 761 S. MacAr thur Blvd, Suite 113 with the following conditions: 1. The proper ty shall be developed in accordance with the site plan, floor plan and sign plan. 2. The retail hours of operation shall not exceed 6 a.m. to 10 p.m., seven days a week. CM101403 Page 6 of 11 Councilmember Suhy seconded the motion, the motion car ried 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 the Gateway Business Park, Lot 1, Block 1, Site Plan Amendment (UPS Supply Chain Solutions), to amend the Site Plan to allow for two guardhouses and perimeter chain-link security fencing, with landscaping, on 17.8 acres of property located at 660 Fritz Drive. Presentation: Gar y Sieb, Director of Planning, made a Presentation to Council. Action: Councilmember Suhy moved to approve the Gateway Business Park, Lot 1, Block 1, Site Plan Amendment (UPS Supply Chain Solutions), to amend the Site Plan to allow for two guardhouses and perimeter chain-link security fencing, with landscaping, on 17.8 acres of property located at 660 Fritz Drive. Councilmember Raines 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. Councilmember Suhy excused himself having filed an affidavit of conf lict on Item 14. 14. Consider approval of the Hidden Valley Addition, Preliminary Plat, to allow a 16-lot single-family subdivision, on 7.3 acres of property zoned PD-106-SF-9, located along the southerly extension of Hidden Valley Road. Presentation: Gar y Sieb, Director of Planning, made a Presentation to Council. Action: Councilmember Faught moved to approve the Hidden Valley Addition, Preliminar y Plat, to allow a 16-lot single-family subdivision, on 7.3 acres of property zoned PD-106-SF-9, located along the southerly extension of Hidden Valley Road with the following conditions: 1. Sidewalks will be required throughout this subdivision but do not apply to Lots 1 and 2 of Block B or Lot 1 of Block A. CM101403 Page 7 of 11 2. Hidden Valley Drive will be constructed to cur rent City standards. Provide Engineering details of the transition from the existing Hidden Valley Drive into this subdivision. 3. Tree mitig ation calculations indicate a $12,800 tree reparation fee (see 9-10-03 e-mail from John Elias) is required. 4. Utility easements need to be approved by utility companies. Councilmember York seconded the motion, the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, and York voting in favor of the motion. Councilmember Suhy remained out, having filed an affidavit of conf lict on Item 15 also. 15. Consider approval of the Brighton Manor, Preliminary Plat, to allow a 26-lot single-family subdivision, and eight common area lots, on 10.16 acres of property zoned SF-9, located at the southeast corner of Samuel and MacArthur Boulevards. Presentation: Gar y Sieb, Director of Planning, made a Presentation to Council. Action: Councilmember Brancheau moved to approve the Brighton Manor, Preliminary Plat, to allow a 26-lot single-family subdivision, and eight common area lots, on 10.16 acres of property zoned SF-9, located at the southeast cor ner of Samuel and MacArthur Boulevards with the following conditions: 1. Waiver of development’s alley requirement, with the exception of Lots 1-4, Block C, which have alley access. 2. Note on plat that where lots are adjacent to an alley, the enclosed parking area (garage) must be accessed off of the alley only. 3. Provide a complete color board, showing roof, signage and all other str uctural materials. 4. Agreement between the Lakes of Coppell Owner’s Association and the developer of mutually agreeable wall/landscape area maintenance. 5. Provide needed utility easements. CM101403 Page 8 of 11 Councilmember Faught seconded the motion, the motion carried 5-1 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, and York voting in favor of the motion and Councilmember Tunnell voting against the motion. Councilmember Suhy retur ned to his seat at the dais at this time. 16. Necessary action resulting from Work Session. There was no action necessary under this item. 17. City Manager's Report. A. C-FB ISD Bond Referendum. B. Municipal Clean Air Initiative. A. Jim Witt, City Manager, passed on C-FB ISD Bond Referendum for Councilmember Suhy to speak about in Council Committee Reports. B. Clay Phillips, Deputy City Manager, spoke regarding Municipal Clean Air Initiative. 18. Mayor and Council Reports. A. Repor t by Mayor Pro Tem Peters regarding National Night Out Recognition. B. Repor t by Councilmember Tunnell regarding National League of Cities Community & Economic Development. B. Repor t by Councilmember Suhy regarding Coppell Youth Leadership. A. Mayor Pro Tem Peters congratulated the Coppell Police Department on a successful Night Out and announced that the City of Coppell placed 3rd in Cities our size in the State of Texas and 15th Nationally for the activities offered during the National Night Out. B. Councilmember Tunnell reported on the Steering Committee meeting she attended for the National League of Cities Community and Economic Development Committee. C. Councilmember Suhy reported on the Coppell Youth Leadership Retreat he attended. CM101403 Page 9 of 11 19. Council Committee Reports. A. Car rollton/Far mers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Senior s - 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 Ser vice Center - Councilmember Brancheau. H. Nor th Texas Council of Gover nments - Councilmember Tunnell. I. Nor th Texas Commission - Councilmember Tunnell. J. Senior Adult Ser vices - 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. A. Councilmember Suhy announced that Carrollton/Farmers Branch ISD will hold a Bond Election on October 25th and discussed the benefits to Coppell if the Bond Election is approved. B. Councilmember Raines announced that Dallas, Carrollton, Far mers Branch and Richardson School Districts are joining in the Robin Hood lawsuit. Houston School District is also considering joining the lawsuit. C. There was nothing to report on this item. D. Mayor Pro Tem Peters reported on the Dallas Regional Mobility Coalition meeting she attended. E. Councilmember Brancheau repor ted on the Coppell Economic Development Committee meeting he and Mayor Pro Tem Peters attended on October 1, 2003. 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 reported on the Senior Adult Ser vices Golf Tournament. K. There was nothing to report on this item. L. There was nothing to report on this item. CM101403 Page 10 of 11 M. There was nothing to repor t on this item. 20. Necessary Action Resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ___________________________ Douglas N. Stover, Mayor ATTEST: _______________________________ Libby Ball, City Secretar y CM101403 Page 11 of 11 DEPT: City Secretary DATE: October 28, 2003 ITEM #: 9/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of cancelling the second meetings in November and December, being November 25, 2003 and December 23, 2003. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %cancelmeeting DEPT: City Secretary DATE: October 28, 2003 ITEM #: 9/C AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 2, by Deleting Article 2-7, Sections 2-7-1 through 2-7-5, providing for the Coppell Telecommunications Board, reserving the same for future use; 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: %telecom ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 2, BY DELETING ARTICLE 2-7, SECTIONS 2-7-1 THROUGH 2-7-5, PROVIDING FOR THE COPPELL TELECOMMUNICATIONS BOARD AND RESERVING THE SAME FOR FUTURE USE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article 2-7 of the Code of Ordinances provides for the Creation, Appointment, Officers, Meetings and Powers and Duties for the Coppell Telecom Board of the City of Coppell; and WHEREAS, said board is no longer active and has been abolished; and WHEREAS, the City Council desires to delete all provisions for said board; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinance of the City of Coppell, Texas be, and the same is hereby amended by amending Chapter 2 by deleting Article 2-7, Sections 2-7-1 through 2-7-5 and reserving the same for future use, which shall read as follows: "ARTICLE 2-7. RESERVED FOR FUTURE USE" SECTION 2. 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 provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2003. APPROVED: _________________________________________ DOUGLAS N. STOVER, MAYOR 1 59931 ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 10/20/03) 2 59931 DEPT: City Secretary DATE: October 28, 2003 ITEM #: 9/D AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 2, by deleting Article 2-5, Sections 2-5-1 through 2-5-3, providing for the Coppell 2000 Citizens Committee, reserving the same for future use; 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: %coppell2000 ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 2, BY DELETING ARTICLE 2-5, SECTIONS 2-5-1 THROUGH 2-5-3, PROVIDING FOR THE COPPELL 2000 CITIZENS COMMITTEE AND RESERVING THE SAME FOR FUTURE USE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article 2-5 of the Code of Ordinances provides for the Creation, Membership ,and Applications for the Code Advisory and Appeals Board of the City of Coppell; and WHEREAS, said board is no longer active and has been abolished; and WHEREAS, the City Council desires to delete all provisions for said board; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinance of the City of Coppell, Texas be, and the same is hereby amended by amending Chapter 2 by deleting Article 2-5, Sections 2-5-1 through 2-5-3 and reserving the same for future use, which shall read as follows: "ARTICLE 2-5. RESERVED FOR FUTURE USE" SECTION 2. 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 provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2003. APPROVED: _________________________________________ DOUGLAS N. STOVER, MAYOR 1 59551 ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 10/20/03) 2 59551 DEPT: City Secretary DATE: October 28, 2003 ITEM #: 9/E AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 2, by deleting Article 2-8, Sections 2-8-1 through 2-8-6, providing for the Code Advisory and Appeals Board, reserving the same for future use; 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: %codeadvisory ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 2, BY DELETING ARTICLE 2-8, SECTIONS 2-8-1 THROUGH 2-8-6, PROVIDING FOR THE CODE ADVISORY AND APPEALS BOARD AND RESERVING THE SAME FOR FUTURE USE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article 2-8 of the Code of Ordinances provides for the Creation, Scope, Appointment, Terms, Meetings and Fees for the Code Advisory and Appeals Board of the City of Coppell; and WHEREAS, said board is no longer active and has been abolished; and WHEREAS, the City Council desires to delete all provisions for said board; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinance of the City of Coppell, Texas be, and the same is hereby amended by amending Chapter 2 by deleting Article 2-8, Sections 2-8-1 through 2-8-6 and reserving the same for future use, which shall read as follows: "ARTICLE 2-8. RESERVED FOR FUTURE USE" SECTION 2. 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 provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2003. APPROVED: _________________________________________ DOUGLAS N. STOVER, MAYOR 1 59553 ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 10/20/03) 2 59553 DEPT: City Secretary DATE: October 28, 2003 ITEM #: 9/F AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance amending the Code of Ordinances by amending Section 2- 1-4(E), the Library Board, Section 2-2-4(E), Parks and Recreation Board, Section 2-3-4(B), Keep Coppell Beautiful, and by adding Section 9-1-8(C), The Animal Services Appeals Board, to establish minimum attendance requirements; by amending Section 2-1-4, the Library Board, by adding subsection (F), amending Section 2-2-4, Parks and Recreation Board, by adding Subsection (F), amending Section 2-3-4, Keep Coppell Beautiful, by adding subsection (E)(2), amending Section 2-4-4, Planning and Zoning Commission, by adding subsection (F), amending Section 2-6-2, Building and Standards Commission, by adding subsection (H)(2), and by amending Section 9-1-8, Animal Services Appeal Board, by adding Subsection (C), to providing for abstaining from voting; 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: %attendance 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 2- 1-4(E), THE LIBRARY BOARD, SECTION 2-2-4(E), PARKS AND RECREATION BOARD, SECTION 2-3-4(B), KEEP COPPELL BEAUTIFUL, AND BY ADDING SECTION 9-1-8(C), THE ANIMAL SERVICES APPEALS BOARD, TO ESTABLISH MINIMUM ATTENDANCE REQUIREMENTS; BY AMENDING SECTION 2-1-4, THE LIBRARY BOARD, BY ADDING SUBSECTION (F), AMENDING SECTION 2-2-4, PARKS AND RECREATION BOARD, BY ADDING SUBSECTION (F), AMENDING SECTION 2-3-4, KEEP COPPELL BEAUTIFUL, BY ADDING SUBSECTION (E)(2), AMENDING SECTION 2- 4-4, PLANNING AND ZONING COMMISSION, BY ADDING SUBSECTION (F), AMENDING SECTION 2-6-2, BUILDING AND STANDARDS COMMISSION, BY ADDING SUBSECTION (H)(2), AND BY AMENDING SECTION 9-1-8, ANIMAL SERVICES APPEAL BOARD, BY ADDING SUBSECTION (C), TO PROVIDE FOR ABSTAINING FROM VOTING; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinance of the City of Coppell, Texas be, and the same is hereby amended by repealing Section 2-1-4 (E) and replacing the same with new provisions for minimum attendance requirements for Library Board members, which shall read as follows: “Sec. 2-1-4. Meetings. . . . . . E. If a board member is absent for three consecutive regularly scheduled meetings, or if a board member is absent for 25 percent of the regularly scheduled meetings within a 12 month period, the position shall be declared vacant and the vacancy shall be filled for the remainder of the unexpired term by the city council within 30 days after the vacancy occurs." SECTION 2. That the Code of Ordinance of the City of Coppell, Texas be, and the same is hereby amended by repealing Section 2-2-4 (E) and replacing the same with new provisions for 1 59546 minimum attendance requirements for Parks and Recreation board members, which shall read as follows: “Sec. 2-2-4. Meetings. . . . . . E. If a board member is absent for three consecutive regularly scheduled meetings, or if a board member is absent for 25 percent of the regularly scheduled meetings within a 12 month period, the position shall be declared vacant and the vacancy shall be filled for the remainder of the unexpired term by the city council within 30 days after the vacancy occurs." SECTION 3 That the Code of Ordinance of the City of Coppell, Texas be, and the same is hereby amended by repealing Section 2-3-4(B) and replacing the same with new provisions for minimum attendance requirements for Keep Coppell Beautiful Committee members, which shall read as follows: “Sec. 2-3-4. Rules. . . . . . B. Attendance. If a board member is absent for three consecutive regularly scheduled meetings, or if a board member is absent for 25 percent of the regularly scheduled meetings within a 12 month period, the position shall be declared vacant and the vacancy shall be filled for the remainder of the unexpired term by the city council within 30 days after the vacancy occurs. . . . . ." SECTION 4. That the Code of Ordinance of the City of Coppell, Texas be, and the same is hereby amended by amending Section 9-1-8 by adding subsection C to provide for minimum attendance requirements for the Animal Services Appeals Board members, which shall read as follows: “Sec. 9-1-8. Animal services appeals board. 2 59546 . . . . . C. If a board member is absent for three consecutive regularly scheduled meetings, or if a board member is absent for 25 percent of the regularly scheduled meetings within a 12 month period, the position shall be declared vacant and the vacancy shall be filled for the remainder of the unexpired term by the city council within 30 days after the vacancy occurs. . . . . ." SECTION 5. That the Code of Ordinance of the City of Coppell, Texas be, and the same is hereby amended by adding Section 2-1-4 (F) to provide for abstaining from voting for Library Board members, which shall read as follows: “Sec. 2-1-4. . . . . . F. Abstention. Should any member of the Library Board choose to abstain from voting on any question before the Library Board, where no declared conflict of interest exists, the abstention shall be recorded as an affirmative vote in favor of the motion pending before the Library Board in the official minutes of the City of Coppell." SECTION 6. That the Code of Ordinance of the City of Coppell, Texas be, and the same is hereby amended by adding Section 2-2-4 (F) to provide for abstaining from voting for Parks and Recreation Board members, which shall read as follows: “Sec. 2-2-4. . . . . . F. Should any member of the Parks and Recreation Board choose to abstain from voting on any question before the Parks and Recreation Board, where no declared conflict of interest exists, the abstention shall be recorded as an affirmative vote in favor of the motion pending before the Parks and Recreation Board in the official minutes of the City of Coppell." 3 59546 SECTION 7. That the Code of Ordinance of the City of Coppell, Texas be, and the same is hereby amended by adding Section 2-3-4 (E)(2) to provide for abstaining from voting for Keep Coppell Beautiful members, which shall read as follows: “Sec. 2-3-4. . . . . . E. (1) . . . . . (2) Abstention. Should any member of the Keep Coppell Beautiful Board choose to abstain from voting on any question before the Keep Coppell Beautiful Board, where no declared conflict of interest exists, the abstention shall be recorded as an affirmative vote in favor of the motion pending before the Keep Coppell Beautiful Board in the official minutes of the City of Coppell." SECTION 8. That the Code of Ordinance of the City of Coppell, Texas be, and the same is hereby amended by adding Section 2-4-4 (F) to provide for abstaining from voting for Planning and Zoning Commission members, which shall read as follows: “Sec. 2-4-4. . . . . . F. Abstention. Should any member of the Planning and Zoning Commission choose to abstain from voting on any question before the Planning and Zoning Commission, where no declared conflict of interest exists, the abstention shall be recorded as an affirmative vote in favor of the motion pending before the Planning and Zoning Commission in the official minutes of the City of Coppell." SECTION 9. That the Code of Ordinance of the City of Coppell, Texas be, and the same is hereby amended by adding Subsection 2-6-2 (H)(2) to provide for abstaining from voting for Building and Standards Commission members, which shall read as follows: “Sec. 2-6-2. . . . . . 4 59546 H. (1) . . . . . (2) Abstention. Should any member of the Building and Standards Commission choose to abstain from voting on any question before the Building and Standards Commission, where no declared conflict of interest exists, the abstention shall be recorded as an affirmative vote in favor of the motion pending before the Building and Standards Commission in the official minutes of the City of Coppell." SECTION 10. That the Code of Ordinance of the City of Coppell, Texas be, and the same is hereby amended by adding Section 9-1-8 (C) to provide for abstaining from voting for Animal Services Appeal Board members, which shall read as follows: “Sec. 9-1-8. . . . . . C. Abstention. Should any member of the Animal Services Appeal Board choose to abstain from voting on any question before the Animal Services Appeal Board, where no declared conflict of interest exists, the abstention shall be recorded as an affirmative vote in favor of the motion pending before the Animal Services Appeal Board in the official minutes of the City of Coppell." SECTION 11. That all provisions of the ordinances and resolutions of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 12. 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. 5 59546 SECTION 13. That this Ordinance shall take effect immediately from and after its passage and publication, as the law and charter is such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2003. APPROVED: ____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 10/20/03) 6 59546 DEPT: Library DATE: October 28, 2003 ITEM #: 9/G AGENDA REQUEST FORM ITEM CAPTION: Consider approval of The William T. Cozby Public Library Advisory Board Amended By- Laws as approved by Library Advisory Board on October 9, 2003. GOAL(S): EXECUTIVE SUMMARY: Approval of amended Library Board By-Laws adding verbiage, Article IV Section 9, to clarify abstention votes as approved by the board on October 9, 2003 and as requested by the City Managers’ Office. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: +Bylaws1-Agenda Request AMENDED BYLAWS OF WILLIAM T. COZBY PUBLIC LIBRARY BOARD ARTICLE I NAME The name of the organization shall be the William T. Cozby Library Board, herein referred to as "the Board". ARTICLE II INTENT SECTION 1: The Board shall act in an advisory capacity to the City Council. ARTICLE III OFFICERS SECTION 1: The Chairperson, Vice-Chairperson shall be elected during the October Board meeting each year for a one (1) year term. In the event of a vacancy in the office of the Chairperson, the Vice-Chairperson shall assume the duties of the Chairperson. In the event of a vacancy in the office of the Vice-Chairperson the Chairperson shall appoint a Board member to temporarily assume the duties of that office until the next regular meeting at which time an election will be held to fill such vacancy. SECTION 2: The Chairperson shall preside at all meetings of the Board. In the absence of the Chairperson, the Vice-Chairperson shall preside. In the absence of both the Chairperson and the Vice-Chairperson, the Board shall elect a Chair-Pro Tern. SECTION 3: The Recording Secretary of the Board shall be a staff member named by the City Manager or his designee. The Recording Secretary shall prepare and maintain minutes of all Board meetings. SECTION 4: The Board shall be composed of seven (7) regular members appointed by City Council in October, each of which shall be appointed for two-year staggered terms, three (3) members’ terms expiring in even-numbered years and four (4) members’ terms expiring in the odd-numbered years. Two (2) alternate members shall be appointed for two-year staggered terms, one (1) member’s term expiring in even-numbered years and one (1) member’s term expiring in the odd-numbered years. Each member shall be a qualified voter in the city and shall have been a resident of the City for at least twelve (12) months preceding the date of appointment. Members shall be appointed by the City Council in accordance with the rules and regulations governing Board appointments. SECTION 5: The Board shall also include two (2) non-voting, youth advisors which shall be appointed for one year. Youth advisors shall have been a resident of the City for at least twelve (12) months preceding the date of appointment and shall be in the seventh (7th) through twelfth (12th) grade. ARTICLE IV MEETINGS SECTION 1: Regular monthly meetings of the Board will be held on the second (2nd) Thursday of each month at 7:00 p.m. in the Library Board Room of the William T. Cozby Public Library, 177 Heartz, Coppell, Texas, unless designated. The Board shall hold such special meetings as shall be called by the Chairperson or upon written request of at least two (2) members of the Board or at the request of the City Council. SECTION 2: The order of business for each meeting shall be as contained in an agenda prepared by the Library Director or designated representative and the Board Chairperson. Any board member or citizen of Coppell may submit items to the Chairperson or Library Director to be considered for the agenda. SECTION 3: All meetings require a quorum of regular members, exclusive of advisory members to be present. SECTION 4: Five (5) regular members of the Board shall constitute a quorum for the purpose of transaction of business, and no action of the Board shall be valid or binding unless adopted by an affirmative vote of four (4) or more members of the Board unless otherwise authorized by the laws of the State of Texas. SECTION 5: All meetings of the Board shall be open to the public unless otherwise permitted by law and shall be subject to the Open Meetings Act. SECTION 6: The Board shall submit to the City Council a copy of the minutes of each regular and special meeting with a list of any members absent from such meetings. SECTION 7: If a regular Board member is absent for three (3) consecutive regularly scheduled meetings, or 25% of the regularly scheduled meetings within a 12 month period, said member shall be removed from the Board, and the City Council will fill the unexpired term. SECTION 8: If a youth advisor has three (3) unexcused absences from regularly scheduled meetings, or 25% of the regularly scheduled meetings within a 12 month period, said youth advisor may be removed from the Board, and the City Council may fill the unexpired term. SECTION 9: Should any member of the Board choose to abstain from voting on any question before the Board, where no declared conflict of interest exists, the abstention shall be recorded as an affirmative vote in favor of the motion pending before the Board in the official minutes of the Board. ARTICLE V POWERS AND DUTIES SECTION 1: The Board shall have the following powers and perform the following duties: A. Abide by applicable ordinances of the City of Coppell and follow the rules and regulations prescribed by the City Council for the conduct of its business. B. Adopt bylaws governing board actions, proceedings, and deliberations, subject to approval by the City Council. C. Act in an advisory capacity to the City Council, City Manager and Library Director in matters pertaining to library services. D. Promote library services to the community and cooperate with other governmental agencies and civic groups in the advancement of library services. E. Review and/or recommend policies to govern the operation program of the library. F. Assist in interpreting the policies and functions of the Library Department to the public. G. Review the effectiveness of library services with the Library Director. H. Assist in long-range planning and give input for improvement and expansion of library services and facilities and review and make recommendations to the City Council regarding the library’s master and five-year plans. I. Unless deferred, provide semi-annual Library Board reports to the City Council regarding its goals and objectives and its input for future library services. ARTICLE VI AMENDMENT SECTION 1: These bylaws may be amended only by majority vote of the members of the Board, and approval of the City Council. DEPT: Library DATE: October 28, 2003 ITEM #: 9/H AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Interlocal Cooperation Agreement to promote Library Services to Denton County Residents, for which the city will be compensated $10,925 for fiscal year 03/04 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: +Interlocal-1AgendaRequest Memorandum To:Mayor and City Council From:Kathleen P. Metz Edwards, Library Director Date:October 28, 2002 Subject:Denton County Library Advisory Board Interlocal Agreement This is the second year in which the City of Coppell was invited to join the fourteen other Denton County Libraries as a member of the Denton County Library Advisory Board. The City accepted and completed the "Minimum Criteria and Request for Funding" application which was signed by the City Manager on January 30, 2003. Applications were sent to the Denton County Commissioners Court for review. The Court approved a base grant of $10,000 for each library plus $1.25 per Denton County capita. The Court used the Council of Government figures plus a division of population not served by a library to determine the per capital amount. The Library will receive a total of $10,000 in matching funds and $925.00 in per capita funds. The Court requires the City to sign the attached Interlocal Cooperation Agreement For Library Services. After receiving the signed agreement, it will be placed on the agenda for Commissioners Court so that the court can execute its portion of the agreement. The Court also requires maintenance of effort from the library and uses the same report that we submit to the Texas State Library and Archives Commission at the close of the fiscal year to document that effort for our NETLS membership. The City's maintenance of effort contribution to the libraries is its approved FY 03/04 budget. No additional funding is required. Matching funds will be requested after the City receives the executed agreement. As a condition of accepting the funding, the City agrees to provide library service to any resident of Denton County. We have already agreed to provide service to any resident of Texas as a condition for receiving the Loan Star Libraries Grant from the Texas State Library and Archives Commission. There are libraries in Denton County, which are not full members of Loan Star Libraries. Our citizens would gain access to those libraries as well as to all the other Denton County Libraries. By accepting the funding, the library commits to attend 10 meetings per year and to complete the annual application. We can meet this commitment and with tightening budgets, the $10,925.00 in revenue will be put to good use. INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 1 STATE OF TEXAS, ) ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT is made and entered into by and between Denton County, a political subdivision of Texas, hereinafter referred to as "COUNTY," and the City of Coppell, a municipality of Denton County, Texas, hereinafter referred to as "MUNICIPALITY." WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, the City of Coppell is a duly organized MUNICIPALITY of Denton County, Texas engaged in the provision of library service and related services for the benefit of the citizens of MUNICIPALITY; and WHEREAS, COUNTY has requested and MUNICIPALITY has agreed to provide library services for all residents of COUNTY; and WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to the provisions of V.T.C.A., Government Code Chapter 791, the Interlocal Cooperation Act; and V.T.C.A., Local Government Code Chapter 323, County Libraries. NOW, THEREFORE, COUNTY and MUNICIPALITY, for the mutual consideration hereinafter stated, agree and understand as follows: I. INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 2 The term of this Agreement shall be for the period from October 1, 2003 through September 30, 2004. II. For the purposes and consideration herein stated and contemplated, MUNICIPALITY shall provide library services for the residents of COUNTY without regard to race, religion, color, age, disability and/or national origin. Upon proper proof by individual(s) of residence in COUNTY, Texas, such individual(s) shall be entitled to be issued, at no cost, a library card to be used in connection with said library services. MUNICIPALITY shall develop and maintain through the Library one or more of the following programs of service: Educational and reading incentive programs and materials for youth. Functional literacy materials and/or tutoring programs for adults. Job training/career development programs and/or materials for all ages. Outreach services to eliminate barriers to library services. Educational programs designed to enhance quality of life for adults. III. COUNTY designates the County Judge to act on behalf of COUNTY and serve as liaison officer for COUNTY with and between COUNTY and MUNICIPALITY. The County Judge or his designated substitute shall insure the performance of all duties and obligations of COUNTY herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 3 agreement. The County Judge shall provide immediate and direct supervision of COUNTY's employees, agents, contractors, sub- contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and MUNICIPALITY. IV. MUNICIPALITY shall designate Kathleen P. Metz Edwards to act on behalf of MUNICIPALITY and to serve as liaison officer of MUNICIPALITY with and between MUNICIPALITY and COUNTY to insure the performance of all duties and obligations of MUNICIPALITY as herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of MUNICIPALITY in full compliance with the terms and conditions of this Agreement. Ms. Edwards shall provide management of MUNICIPALITY's employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of MUNICIPALITY and COUNTY. MUNICIPALITY shall provide to COUNTY a copy of the annual report submitted to the Texas State Library and shall respond to COUNTY's annual questionnaire as documentation of expenditures and provision of service. V. The MUNICIPALITY shall be solely responsible for all techniques, sequences, procedures, and for the coordination of all work performed under the terms and conditions of this agreement; shall insure, dedicate and devote the full time and attention of those employees necessary for the proper execution INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 4 and completion of the duties and obligations of the MUNICIPALITY stated in this Agreement; and shall give all attention necessary for such proper supervision and direction. VI. The MUNICIPALITY agrees that its library department shall assume the functions of a COUNTY library and agrees to provide a librarian who holds or secures a County Librarian's certificate from the Texas State Library and Archives Commission pursuant to Local Government Code, Section 323.011(b). VII. COUNTY shall have full responsibility for the acts, and negligence of all COUNTY's employees, agents, sub-contractors, and/or contract laborers, performing work under this Agreement. VIII. MUNICIPALITY shall have responsibility for the acts and, negligence, of all the MUNICIPALITY's employees, agents, sub- contracts, and/or contract laborers performing work under this Agreement. IX. This Agreement is not intended to extend the liability of the parties beyond that provided by law. Neither MUNICIPALITY nor COUNTY waives any immunity or defense that would otherwise be available to it against claims by third parties. X. INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 5 MUNICIPALITY understands and agrees that the MUNICIPALITY, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of COUNTY. XI. COUNTY understands and agrees that COUNTY, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of MUNICIPALITY. XII. Any notice required by this Agreement shall be delivered in writing by either County or Municipality to the following addresses. The address of County is: County Judge, Denton County 110 West Hickory Denton, Texas 76201 Telephone: 940-349-2820 The address of Municipality is: City of Coppell William T. Cozby Public Library 177 N. Heartz Coppell, Texas 75019 Attention:Kathleen P. Metz Edwards Telephone: 972-304-3655 XIII. For the full performance of the services above stated, COUNTY agrees to pay MUNICIPALITY fees as described herein. COUNTY shall pay MUNICIPALITY fees in the amount of $1.25 per capita, for a total of NINE HUNDRED TWENTY FIVE DOLLARS AND NO/100 ($ 925.00), based upon North Central Texas Council of INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 6 Governments population figures provided to COUNTY by the Library Advisory Board, payable in equal quarterly installments to MUNICIPALITY commencing October 1, 2003. In addition, COUNTY agrees to pay MUNICIPALITY an amount not to exceed TEN THOUSAND DOLLARS AND NO/100THS ($10,000.00) in matching funds upon the following conditions: 1) MUNICIPALITY shall attempt to secure funding from sources other than COUNTY. 2) Upon receipt of additional funding, MUNICIPALITY shall provide proof of the receipt of such funds to the Denton County Auditor on a quarterly basis. 3) COUNTY shall match MUNICIPALITY's additional funding in an amount not to exceed $10,000.00. 4) Payment by COUNTY to MUNICIPALITY shall be made in accordance with the normal and customary processes and business procedures of COUNTY, and payment shall be satisfied from current revenues of the COUNTY. XIV. This agreement may be terminated at any time, by either party giving sixty (60) days advance written notice to the other party. In the event of such termination by either party, MUNICIPALITY shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such termination, should MUNICIPALITY be overcompensated on a pro rata basis for all services performed to termination date or be overcompensated for reimbursable expenses as INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 7 authorized by this agreement, COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XV. This Agreement represents the entire and integrated agreement between MUNICIPALITY and COUNTY and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both MUNICIPALITY and COUNTY. XVI. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this Agreement shall be performable and all compensation payable in Denton County, Texas. XVII. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XVIII. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 8 necessary orders or resolutions extending said authority have been duly passed and are now in full force and effect. Executed in duplicate originals in Denton County, Texas by the authorized representatives. COUNTY MUNICIPALITY By ________________________ By Mary Horn Name: Doug Stover County Judge Title: Mayor Acting on behalf of and by the authority of the Commissioners City Council Meeting Court of Denton County, Texas Dated ATTEST: ATTEST: By By Denton County Clerk City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: Assistant District Attorney City Attorney APPROVED AS TO CONTENT: Director, Library Services DEPT: Engineering DATE: October 28, 2003 ITEM #: 9/I AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance of the City of Coppell, Texas, amending Chapter 8, Section 8-1-3 of the Code of Ordinances by amending the maximum prima facie speed limit for Fieldcrest Loop and Fieldcrest Circle; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this ordinance will reduce the speed limit on Fieldcrest Loop and Fieldcrest Circle from 30 mph to 25 mph allowing for a safer speed limit in this area. Staff 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: #FieldcrestSL "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: October 28, 2003 RE: Consider approval of an ordinance of the City of Coppell, Texas, amending Chapter 8, Section 8-3-1 of the Code of Ordinances by amending the maximum prima facie speed limit for Fieldcrest Loop and Fieldcrest Circle; and authorizing the Mayor to sign. On July 29, 2003, the City of Coppell received a request from a citizen who lives on Fieldcrest Circle with concerns about speeders on Fieldcrest Loop and Fieldcrest Circle. This citizen also contacted the City of Coppell’s Police Department who referred him to the Engineering Department for a reduced speed limit and/or speed hump in the cul-de-sac. The intersection of Fieldcrest Circle and Fieldcrest Loop is a T-intersection that is controlled by a Yield Sign. The same citizen has also asked that the Yield Sign be changed to a Stop Sign. On September 9, 2003, the City of Coppell received traffic volume and speed information on Fieldcrest Circle and Fieldcrest Loop. The decision was made to study both streets since they share the same characteristics and are the only two streets in the subdivision. There are 5 homes on Fieldcrest Circle and 2 driveways. Fieldcrest Loop has 28 residential lots with 25 driveways. There are no alleys or sidewalks in the subdivision and all lots have a 10’ drainage easement across the street frontage. Both streets are 28-feet wide, concrete, without curbs or gutters. On-street parking is relatively prevalent and vegetation (trees, shrubs, etc.) is mature and narrows the width of the streets in several locations. Based on my driving through the neighborhood, I did additional research on the posting of speed limits. In reviewing the Texas Manual on Uniform Traffic Control Devices and Procedures for establishing Speed Zones published by the Texas Department of Transportation, several factors are to be considered in addition to the 85th percentile speed in setting speed limits. Those factors include items such as: road surface characteristics, shoulder condition, grade, alignment, sight distance, pavement widths, roadside development, parking practices, pedestrian activity, any accident history, number of driveways and the 85th percentile speed. All of these factors should be considered in establishing the speed limit. The characteristics of Fieldcrest Loop and Fieldcrest Circle are different than most residential streets within Coppell. Most residential streets in Coppell are curbed and guttered concrete streets, 28 foot wide with no driveways because of alleys. In the procedures for establishing speed zones in the section entitled "Variations from the 85th Percentile” there is a section called a “trial run”. A “trial run” is essentially nothing more than a drive through at the chosen speed to determine if the speeds "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" are appropriate for the area. In my drive through of Fieldcrest Loop it was my opinion that 30 mph was too fast for the majority of the roadway section. The lack of sidewalks in the area also presents a potential problem with pedestrians, bicyclists, skateboards, etc., interacting with vehicles on the roadway. I found a comfortable speed to be approximately 25 mph in most locations. The results of the traffic data received is as follows: STREET 24-HOUR VOLUME (Combined Both Directions) 85th percentile speed (Average both Directions) Fieldcrest Loop 166 30.5 mph Fieldcrest Circle 30 17.5 mph Based on the data collected and personal observation, coupled with the lack of sidewalks and alleys, my recommendation is to reduce the speed limit of 30 mph to 25 mph on Fieldcrest Loop and Fieldcrest Circle. In addition to the lowering of the speed limit, staff will be replacing the Yield Sign on Fieldcrest Circle with a Stop Sign. Staff will be available to answer any questions at the Council meeting. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING SECTION 8-1-3 OF THE CODE OF ORDINANCES TO ESTABLISH THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR FIELDCREST LOOP AND FIELDCREST CIRCLE IN THE CITY LIMITS OF THE CITY OF COPPELL; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS 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 the Code of Ordinance of the City of Coppell, Texas be, and the same is hereby amended by amending Chapter 8, Article 8-1, Section 8-1-3, in part, by adding the following designated speed limit for Fieldcrest Loop and Fieldcrest Circle, to read as follows: “Sec. 8-1-3. Speed on Specific Streets . . . . . STREET PORTION OF STREET SPEED MILES PER HOUR . . . . . Fieldcrest Loop From its point of intersection with 25 Whispering Hills Drive in its entirety to its point of termination at Whispering Hills Drive. . . . . . Fieldcrest Circle From its point of intersection with 25 Fieldcrest Loop south 150 feet to its point of termination at the cul-de-sac. . . . . ." SECTION 2. That the traffic engineer is authorized and directed to erect signs necessary to give notice of the speed limit adopted 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 subject 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. 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; however the speed limit established herein shall not take effect until the appropriate signage giving notice of such speed limit has been erected. 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 DATE: October 28, 2003 ITEM #: 9/J AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Release of Agreement between the City of Coppell and RPG Estates, Ltd. relating to the construction of Fairway Drive; and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: The original development agreement between the City of Coppell and RPG Estates, Ltd., was associated with the construction of Fairway Drive in 1998. Since Fairway Drive has been successfully constructed and the terms of the original development agreement are no longer valid staff recommends approval of the Release of Agreement between the City of Coppell and RPG Estates, Ltd. Staff 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: #RPGAgmtRelease-1AR MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: October 28, 2003 RE: Consider approval of a Release of Agreement between the City of Coppell and RPG Estates, Ltd. relating to the construction of Fairway Drive; and authorizing the City Manager to sign. On December 29, 1997 the City of Coppell entered into a developers agreement with RPG Estates, Ltd., concerning the construction of Fairway Drive. The agreement detailed each party's responsibility in bringing about the successful construction of Fairway Drive, including the railroad crossing. The agreement was recorded in the Real Property Records of Dallas County. In paragraph 4 of the agreement, it was noted that upon the successful completion of the construction of Fairway Drive, the City would provide to RPG Estates, Ltd., a release of the agreement that could also be filed in the Real Property Records of Dallas County. The construction of Fairway Drive was completed in March of 1999, however, the City failed to follow through to provide the release of the original agreement. This was brought to the City’s attention on August 18, 2003. Attached to this agreement is a document to release the original agreement concerning the construction of Fairway Drive. Because Fairway Drive has been successfully constructed and the terms of the original development agreement are no longer valid, staff recommends the approval of the Release of Agreement between the City of Coppell and RPG Estates, Ltd., and authorization for the City Manager to sign. Staff will be available to answer any questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" STATE OF TEXAS § § RELEASE COUNTY OF DALLAS § This Release is made by the City of Coppell, Texas (the “City”), acting by and through its authorized representative. RECITALS: WHEREAS, the City and RPG Estates, Ltd. (“RPG”) previously entered into that certain Development Agreement concerning the construction of Fairway Drive dated December 29, 1997 (the “Original Agreement”) pertaining to the property described in Exhibit “A” of the Original Agreement attached hereto and incorporated herein for all purposes (the “Property”); and WHEREAS, the City hereby acknowledges that the RPG has fully satisfied the terms and obligations of the Original Agreement; NOW THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City has this day released and by these presents does release, acquit, and forever discharge RPG from the terms and obligations set forth in the Original Agreement. EXECUTED in duplicate originals on this ______ day of April, 2003. CITY OF COPPELL, TEXAS By: ______________________________________ JIM WITT CITY MANAGER City of Coppell 255 Parkway Boulevard P. O. Box 9478 Coppell, Texas 75019 RELEASE - Page 1 58596 EXECUTED in duplicate originals on this ______ day of April, 2003 RPG ESTATES, LTD a Texas Limited Partnership By: RPG/Coppell, Inc., a Texas Corporation, Its General Partner By: ______________________________________ Its: Address: RELEASE - Page 2 58596 CITY’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of _________________, 2003, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. _________________________________________ Notary Public, State of Texas My Commission Expires: ____________________________________ RPG’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of _________________, 2003, by ________________________, _______________ of RPG/Coppell, Inc., its General Partner for RPG Estates, Ltd., a Texas limited partnership on behalf of said partnership. _________________________________________ Notary Public, State of Texas My Commission Expires: ______________________ RELEASE - Page 3 58596 DEPT: Building Inspections DATE: October 28, 2003 ITEM #: 9/K AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 15, Article 15-4, adopting the 1999 National Electrical Code, by amending Section 85.4, providing a time specific for Electrical Code permit expirations, providing an effective date, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Currently, the Electrical Code permits do not expire as long as the work permitted is underway. This amendment would allow a time specific whereby permits would expire, and then work could only be recommenced through issuance of a new permit. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: (1999NEC-1AR(CONSENT) 1 59813 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO.____________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 15 ARTICLE 15-4, ADOPTING THE 1999 EDITION OF THE NATIONAL ELECTRICAL CODE BY AMENDING THERETO SECTION 85.4 PROVIDING A TIME SPECIFIC FOR ELECTRICAL CODE PERMIT EXPIRATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, 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 be amended by amending Chapter 15, Article 15-4, in part, to amend the National Electrical Code, 1999 Edition, by amending 85.4, which shall read as follows: “Article 85.4. NATIONAL ELECTRICAL CODE 85.4 Permits. (i) Expiration and Extension. Every permit issued by the building official under the provisions of this code shall be valid for 180 days from the date of issuance. The building official is authorized to grant, in writing, only one extension of time for a permit for a period not exceeding 120 days. The extension shall be requested in writing by the permit holder prior to the permits’ expiration and justifiable cause demonstrated. The City may charge a fee of an amount to be established by resolution of the City Council, for any and all permit extensions as provided herein. Permits becoming invalid under this section shall only be restored through the issuance of a new permit as provided elsewhere in this article. . . . . .” SECTION 2. If any section, subsection, paragraph, sentence phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any 2 59813 court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Coppell, Texas hereby declares it would have enacted such remaining portions despite such invalidity. Section 3. That the repeal of any ordinance or portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. Section 4. That any person, firm or corporation violating any of the provisions of this ordinance or 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 subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, except where a different penalty has been established by State Law for such offense, the penalty shall be that fixed by State Law, and for any offense which is a violation of any provision of law that governs fire safety, zoning or public health and sanitation, including dumping of refuse, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. Section 5. That this ordinance shall become effective 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 Coppell, Texas, this ______day of ________, 2003. 3 59813 APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ______________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT HAGER, CITY ATTORNEY (REH/cdb [revised] 10/14/03) DEPT: Building Inspections DATE: October 28, 2003 ITEM #: 9/L AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 15, Article 15-1, adopting the 2000 International Building Code, by amending Section 105.5, providing a time specific for Building Code permit expirations, providing an effective date, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Currently, the Building Code permits do not expire as long as the work permitted is underway. This amendment would allow a time specific whereby permits would expire, and then work could only be recommenced through issuance of a new permit. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: (2000IBC-1AR(CONSENT) 58927 1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO._____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING ORDINANCE NO. 2002-987, IN PART, BY AMENDING SEC. 15-1, WHICH PROVIDES FOR THE ADOPTION OF THE AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, 2000 EDITION, BY ADDING AMENDMENT 105.5 "EXPIRATION"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING 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. WHEREAS, on or about April 23, 2002, the City Council adopted Ordinance No. 2002-987, which provided for the adoption of the International Building Code, 2000 Edition, and the amendments thereto as the City's Building Code; and WHEREAS, the City Council has now determined that an additional amendment to said Code is necessary; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That Section 1 of Ordinance No. 2002-987 of the City of Coppell, Texas, be, and the same is, hereby amended by adding 105.5 "Expiration" to Section 15- 1, "Amendments," which shall read as follows: "Sec. 15-1-2. Amendments. The following sections of the International Residential Code, 2000 Edition, are hereby amended to read as follows: . . . . . Amend Section 105.5 to read as follows: 105.5 Expiration and Extension. Every permit issued by the building official under the provisions of this code shall be valid for 180 days from the date of issuance. The building official is authorized to grant, in writing, only one extension of time for a permit for a period not exceeding 120 days. The extension shall be requested in writing by the permit holder 58927 2 prior to the permits’ expiration and justifiable cause demonstrated. The City may charge a fee of an amount to be established by resolution of the City Council, for any and all permit extensions as provided herein. Permits becoming invalid under this section shall only be restored through the issuance of a new permit as provided elsewhere in this article. . . . . ." SECTION 2. If any section, subsection, paragraph, sentence, phrase or work in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Coppell, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 3. That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or 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 subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. 58927 3 SECTION 5. That this ordinance shall become effective 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 Coppell, Texas, this the __________ day of ___________________, 2003. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ______________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _______________________________ ROBERT HAGER, CITY ATTORNEY (REH/cdb [revised] 10/21/03) DEPT: Building Inspections DATE: October 28, 2003 ITEM #: 9/M AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 15, Article 15-5, adopting the 2000 International Fire Code, by amending Section 105.3.1, providing a time specific for Fire Code permit expirations, providing an effective date, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Currently, the Fire Code permits do not expire as long as the work permitted is underway. This amendment would allow a time specific whereby permits would expire, and then work could only be recommenced through issuance of a new permit. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: (2000IFC-1AR 1 59809 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO.____________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 15 ARTICLE 15-5, ADOPTING THE 2000 EDITION OF THE INTERNATIONAL FIRE CODE BY AMENDING THERETO SECTION 105.3.1 PROVIDING A TIME SPECIFIC FOR FIRE CODE PERMIT EXPIRATIONS AND REPEALING SECTION 105.3.2 AND RESERVING THE SAME FOR FUTURE USE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, 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 be amended by amending Chapter 15, Article 15-5, in part, to amend the International Fire Code, 2000 Edition, by amending 105.3.1 and by repealing 105.3.2 and reserving the same for future use, which shall read as follows: “Article 15-5. FIRE CODE . . . . . 105.3.1 Expiration and Extensions. An operational permit shall remain in effect until reissued, renewed or revoked or for such a period of time as specified in the permit. Construction permits shall be valid for 180 days the permit’s issuance. Permits are not transferable and any change in occupancy, operation, tenacy or ownership shall require that a new permit be issued. The fire marshal is authorized to grant, in writing, only one extension of time for a period not exceeding 120 days. The extension shall be requested in writing by the permit holder prior to the permits’ expiration and justifiable cause demonstrated. The City may charge a fee of an amount to be established by resolution of the City Council, for any and all permit extensions as provided herein Permits becoming invalid under this section shall only be restored through the issuance of a new permit as provided elsewhere in this article. 105.3.2. RESERVED FOR FUTURE USE. . . . . .” 2 59809 SECTION 2. If any section, subsection, paragraph, sentence phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Coppell, Texas hereby declares it would have enacted such remaining portions despite such invalidity. Section 3. That the repeal of any ordinance or portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. Section 4. That any person, firm or corporation violating any of the provisions of this ordinance or 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 subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, except where a different penalty has been established by State Law for such offense, the penalty shall be that fixed by State Law, and for any offense which is a violation of any provision of law that governs fire safety, zoning or public health and sanitation, including dumping of refuse, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. 3 59809 Section 5. That this ordinance shall become effective 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 Coppell, Texas, this ______day of ________, 2003. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ______________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT HAGER, CITY ATTORNEY (REH/cdb [revised] 10/14/03) DEPT: Building Inspections DATE: October 28, 2003 ITEM #: 9/N AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 15, Article 15-6, adopting the 2000 International Fuel Gas Code, by amending Section 106.4.3, providing a time specific for Fuel Gas Code permit expirations, providing an effective date, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Currently, the Fuel Gas Code permits do not expire as long as the work permitted is underway. This amendment would allow a time specific whereby permits would expire, and then work could only be recommenced through issuance of a new permit. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: (2000IFGC-1AR(CONSENT) 1 59810 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO.____________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 15 ARTICLE 15-6, ADOPTING THE 2000 EDITION OF THE INTERNATIONAL FUEL GAS CODE BY AMENDING THERETO SECTION 106.4.3 PROVIDING A TIME SPECIFIC FOR FUEL GAS CODE PERMIT EXPIRATIONS AND BY REPEALING SECTION 106-4-4 AND RESERVING THE SAME FOR FUTURE USE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, 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 be amended by amending Chapter 15, Article 15-6, in part, to amend the International Fuel Gas Code, 2000 Edition, by amending 106.4.3 and by repealing 106.4.4 and reserving the same for future use, which shall read as follows: “Article 15-6. FUEL GAS CODE . . . . . 106.4.3 Expiration and Extension. Every permit issued by the building official under the provisions of this code shall be valid for 180 days from the date of issuance. The building official is authorized to grant, in writing, only one extension of time for a permit for a period not exceeding 120 days. The extension shall be requested in writing by the permit holder prior to the permits’ expiration and justifiable cause demonstrated. The City may charge a fee of an amount to be established by resolution of the City Council, for any and all permit extensions as provided herein. Permits becoming invalid under this section shall only be restored through the issuance of a new permit as provided elsewhere in this article. 106.4.4 RESERVED FOR FUTURE USE . . . . .” 2 59810 SECTION 2. If any section, subsection, paragraph, sentence phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Coppell, Texas hereby declares it would have enacted such remaining portions despite such invalidity. Section 3. That the repeal of any ordinance or portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. Section 4. That any person, firm or corporation violating any of the provisions of this ordinance or 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 subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, except where a different penalty has been established by State Law for such offense, the penalty shall be that fixed by State Law, and for any offense which is a violation of any provision of law that governs fire safety, zoning or public health and sanitation, including dumping of refuse, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. 3 59810 Section 5. That this ordinance shall become effective 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 Coppell, Texas, this ______day of ________, 2003. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ______________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT HAGER, CITY ATTORNEY (REH/cdb [revised] 10/14/03) DEPT: Building Inspections DATE: October 28, 2003 ITEM #: 9/O AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 15, Article 15-3, adopting the 2000 International Mechanical Code, by amending Section 106.4.3, providing a time specific for Mechanical Code permit expirations, providing an effective date, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Currently, the Mechanical Code permits do not expire as long as the work permitted is underway. This amendment would allow a time specific whereby permits would expire, and then work could only be recommenced through issuance of a new permit. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: (2000IMC-1AR(CONSENT) 1 59811 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO.____________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 15 ARTICLE 15-3, ADOPTING THE 2000 EDITION OF THE INTERNATIONAL MECHANICAL CODE BY AMENDING THERETO SECTION 106.4.3 PROVIDING A TIME SPECIFIC FOR MECHANICAL CODE PERMIT EXPIRATIONS AND BY REPEALING SECTION 106.4.4 AND RESERVING THE SAME FOR FUTURE USE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, 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 be amended by amending Chapter 15, Article 15-3, in part, to amend the International Mechanical Code, 2000 Edition, by amending Section 106.4.3 and by repealing Section 106.4.4 and reserving the same for future use, which shall read as follows: “Article 15-3. MECHANICAL CODE . . . . . 106.4.3 Expiration and Extension. Every permit issued by the building official under the provisions of this code shall be valid for 180 days from the date of issuance. The building official is authorized to grant, in writing, only one extension of time for a permit for a period not exceeding 120 days. The extension shall be requested in writing by the permit holder prior to the permits’ expiration and justifiable cause demonstrated. The City may charge a fee of an amount to be established by resolution of the City Council, for any and all permit extensions as provided herein. Permits becoming invalid under this section shall only be restored through the issuance of a new permit as provided elsewhere in this article. 106.4.4 RESERVED FOR FUTURE USE . . . . .” 2 59811 SECTION 2. If any section, subsection, paragraph, sentence phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Coppell, Texas hereby declares it would have enacted such remaining portions despite such invalidity. Section 3. That the repeal of any ordinance or portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. Section 4. That any person, firm or corporation violating any of the provisions of this ordinance or 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 subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, except where a different penalty has been established by State Law for such offense, the penalty shall be that fixed by State Law, and for any offense which is a violation of any provision of law that governs fire safety, zoning or public health and sanitation, including dumping of refuse, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. 3 59811 Section 5. That this ordinance shall become effective 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 Coppell, Texas, this ______day of ________, 2003. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ______________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT HAGER, CITY ATTORNEY (REH/cdb [revised] 10/14/03) DEPT: Building Inspections DATE: October 28, 2003 ITEM #: 9/P AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 15, Article 15-2, adopting the 2000 International Plumbing Code, by amending Section 106.5.3, providing a time specific for Plumbing Code permit expirations, providing an effective date, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Currently, the Plumbing Code permits do not expire as long as the work permitted is underway. This amendment would allow a time specific whereby permits would expire, and then work could only be recommenced through issuance of a new permit. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: (2000IPC-1AR(CONSENT) 1 59804 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO.____________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 15 ARTICLE 15-2, ADOPTING THE 2000 EDITION OF THE INTERNATIONAL PLUMBING CODE BY AMENDING THERETO SECTION 106.5.3 PROVIDING A TIME SPECIFIC FOR PLUMBING CODE PERMIT EXPIRATIONS AND BY REPEALING SECTION 106.5.4 AND RESERVING THE SAME FOR FUTURE USE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, 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 be amended by amending Chapter 15, Article 15-2, in part, to amend the International Plumbing Code, 2000 Edition, by amending 106.5.3 and by repealing 106.5.4 and reserving the same for future use, which shall read as follows: “Article 15-2. PLUMBING CODE . . . . . 106.5.3 Expiration and Extension. Every permit issued by the building official under the provisions of this code shall be valid for 180 days from the date of issuance. The building official is authorized to grant, in writing, only one extension of time for a permit for a period not exceeding 120 days. The extension shall be requested in writing by the permit holder prior to the permits’ expiration and justifiable cause demonstrated. The City may charge a fee of an amount to be established by resolution of the City Council, for any and all permit extensions as provided herein. Permits becoming invalid under this section shall only be restored through the issuance of a new permit as provided elsewhere in this article. 106.5.4 RESERVED FOR FUTURE USE . . . . .” 2 59804 SECTION 2. If any section, subsection, paragraph, sentence phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Coppell, Texas hereby declares it would have enacted such remaining portions despite such invalidity. Section 3. That the repeal of any ordinance or portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. Section 4. That any person, firm or corporation violating any of the provisions of this ordinance or 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 subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, except where a different penalty has been established by State Law for such offense, the penalty shall be that fixed by State Law, and for any offense which is a violation of any provision of law that governs fire safety, zoning or public health and sanitation, including dumping of refuse, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. 3 59804 Section 5. That this ordinance shall become effective 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 Coppell, Texas, this ______day of ________, 2003. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ______________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT HAGER, CITY ATTORNEY (REH/cdb [revised] 10/14/03) DEPT: Building Inspections DATE: October 28, 2003 ITEM #: 9/Q AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 15, Article 15-8, adopting the 2000 International Residential Code, by amending Section R105.5, providing a time specific for Residential Code permit expirations, providing an effective date, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Currently, the Residential Code permits do not expire as long as the work permitted is underway. This amendment would allow a time specific whereby permits would expire, and then work could only be recommenced through issuance of a new permit. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: (2000IRC-1AR(CONSENT) 1 59812 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO.____________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 15 ARTICLE 15-8, ADOPTING THE 2000 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE BY AMENDING THERETO SECTION R105.5, PROVIDING A TIME SPECIFIC FOR RESIDENTIAL CODE PERMIT EXPIRATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, 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 be amended by amending Chapter 15, Article 15-8, in part, to amend the International Residential Code, 2000 Edition, by amending Section R105.5, which shall read as follows: “Article 15-8. RESIDENTIAL CODE . . . . . R105.5 Expiration and Extension. Every permit issued by the building official under the provisions of this code shall be valid for 180 days from the date of issuance. The building official is authorized to grant, in writing, only one extension of time for a permit for a period not exceeding 120 days. The extension shall be requested in writing by the permit holder prior to the permits’ expiration and justifiable cause demonstrated. The City may charge a fee of an amount to be established by resolution of the City Council, for any and all permit extensions as provided herein. Permits becoming invalid under this section shall only be restored through the issuance of a new permit as provided elsewhere in this article. . . . . .” SECTION 2. If any section, subsection, paragraph, sentence phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any 2 59812 court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Coppell, Texas hereby declares it would have enacted such remaining portions despite such invalidity. Section 3. That the repeal of any ordinance or portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. Section 4. That any person, firm or corporation violating any of the provisions of this ordinance or 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 subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, except where a different penalty has been established by State Law for such offense, the penalty shall be that fixed by State Law, and for any offense which is a violation of any provision of law that governs fire safety, zoning or public health and sanitation, including dumping of refuse, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. Section 5. That this ordinance shall become effective immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. 3 59812 DULY PASSED by the City Council of Coppell, Texas, this ______day of ________, 2003. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ______________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT HAGER, CITY ATTORNEY (REH/cdb [revised] 10/14/03) DEPT: Building Inspections DATE: October 28, 2003 ITEM #: 9/R AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 9, Article 9-2, Fence Regulations, by amending Section 9-2-7, Materials, to allow vinyl fencing and prohibit chain-link fence, in residentially-zoned districts, providing an effective date, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Currently, fence regulations do not provide for a current listing of allowed materials. This amendment would specify materials for use. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: (Fencereg-1AR(CONSENT) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO.____________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 9, ARTICLE 9-2 FENCE REGULATIONS AMENDING THERETO SECTION 9-2.7 MATERIALS TO ALLOW FOR VINYL FENCING AND TO PROHIBIT CHAIN-LINK FENCING IN RESIDENTIALLY ZONED DISTRICTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, 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 be amended by amending Chapter 9, Article 9-2, Section 9-2.7 Materials, to read as follows: “Article 9-2. FENCE REGULATIONS” … Sec. 9-2.7 Materials. … B. Permitted materials. Materials permitted for fences shall be of wood, vinyl, masonry wrought-iron or painted steel. Colors for vinyl fences shall be limited to earth-tones only. Painted metal fences shall be limited to black, off-white, or earth-tone colors only. C. Prohibited materials. Materials prohibited in fences are barbed wire, razor ribbon, sheet metal, chain-link, or any other similar material. Exception: Barbed wire and/or chain–link is permitted for fencing agriculture- or industrial-zoned property. SECTION 2. If any section, subsection, paragraph, sentence phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Coppell, Texas hereby declares it would have enacted such remaining portions despite such invalidity. Section 3. That the repeal of any ordinance or portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. Section 4. That any person, firm or corporation violating any of the provisions of this ordinance or 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 subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, except where a different penalty has been established by State Law for such offense, the penalty shall be that fixed by State Law, and for any offense which is a violation of any provision of law that governs fire safety, zoning or public health and sanitation, including dumping of refuse, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. Section 5. That this ordinance shall become effective 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 Coppell, Texas, this ______day of ________, 2003. APPROVED: ______________________________ DOUG STOVER, MAYOR ATTEST: ______________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT HAGER, CITY ATTORNEY DEPT: City Manager DATE: October 28, 2003 ITEM #: 10 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the annual budget report for the Coppell Education Development Corporation. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !CEDC OCTOBER 8, 2003 ANNUAL CORPORATE BUDGET FY03 ANNUAL PERFORMANCE REVIEW FY04 PROJECTION OF GOALS FY04 BUDGET COPPELL EDUCATION DEVELOPMENT CORPORATION 2 ANNUAL CORPORATE BUDGET FY03 ANNUAL PERFORMANCE REVIEW, FY04 PROJECTION OF GOALS AND FY04 BUDGET FY03 ANNUAL PERFORMANCE REVIEW FY03 (October 1, 2002 through September 30, 2003) was the second fiscal year for the Coppell Education Development Corporation (CEDC). The following seven individuals comprised the CEDC Board of Directors: 1) Steve Brock 123 Georgian Drive, Coppell, TX 75019 2-year term 2) Diane Ebersberger 226 Crown Point, Coppell, TX 75019 2-year term 3) Valerie Strong P. O. Box 332, Coppell, TX 75019 2-year term 4) Jerry Coker 131 Tennyson Place, Coppell, TX 75019 1-year term 5) David Hermanski 730 Armstrong Blvd, Coppell, TX 75019 1-year term 6) Betty Carter 787 Pelican, Coppell, TX 75019 1-year team 7) Peggy Quinn 305 Beechwood Lane, Coppell, TX 75019 1-year term 8) Tony Dickensheets* 713 Allen Road, Coppell, TX 75019 2-year term *Appointed January 14, 2003 to fill unexpired term of D. Ebersberger who resigned December 16, 2002. The CEDC Board of Directors met on Wednesday, October 9, 2002 at Coppell Town Center. At this first meeting the CEDC Board elected the following to serve as officers per its bylaws: „ Jerry Coker, President „ Peggy Quinn, Vice President „ Betty Carter, Secretary With these officers presiding, joined by the CEDC staff liaison Jim Witt, Coppell City Manager, and Kathy Bowling, Recording Secretary, the CEDC held eight (8) Board of Director meetings throughout FY03 including October 9, 2002, November 13, 2002, December 11, 2002, January 8, 2003, February 12, 2003, May 28, 2003, July 30, 2003 and August 13, 2003. The regularly scheduled March, April and June 2003 meetings were cancelled because there were no grants to review. 3 GRANT APPLICATIONS AND REVIEW At the October 9, 2002 meeting CISD requested additional funds in the form of amendments to original grants previously approved. CISD explained that teacher salaries were higher than expected. The Board denied all amendments, and requested teacher pay scales be submitted at the beginning of each school year. A Technology Systems grant from CISD in the amount of $24,700 was also denied at that meeting. Approved at that meeting: Broadcast Journalism $23,500 At the November 13, 2002 meeting the Board approved amendments for the following CISD grants: ESL Grant No. 2002-E01 $39,429 Spanish Teachers Grant No. 2002-S01 $10,473 Literacy Grant No. 2002-L02 $50,391 A subcommittee consisting of Steve Brock, Peggy Quinn and Valerie Strong was formed at this meeting to revise the Grant Application. At the January 8, 2003 meeting the Board unanimously approved the revised Grant Application, and Jim Witt was asked to forward it to all three school districts. On January 17, 2003 Dr. Jerry Roy, Superintendent of Schools, Lewisville ISD, wrote that they would not be submitting any grant applications because of the small amount of money received versus the paperwork involved. At the February 12, 2003 meeting, the Board voted that LISD was not eligible for funds in 2003 because they did not submit enrollment numbers by the grant application deadline of February 1. That money would be divided among the three schools that did submit enrollment numbers: CISD, North Hills, and Carrollton-Farmers Branch ISD. SCHOOL # OF STUDENTS % OF FUNDS BUDGET ALLOCATION FOR 2003 PLUS CARRYOVERS Coppell ISD 8,626 95.13%$2,131,797 Carrollton/Farmers Branch ISD 365 4.03%$123,589 North Hills School 77 .85%$17,913 Lewisville ISD 0 0 $999 TOTAL 9,068 $2,274,298 4 At the May 28, 2003 meeting a North Hills School grant for textbooks was approved: Foreign Language Textbooks $17,223.52 At the July 30, 2003 meeting one citizen appeared against an ESL grant. Prior to that meeting, 36 emails had been received from citizens against awarding funds for ESL. The ESL grant application failed to receive a second to bring it to vote, but the Board approved three other CISD grant applications: Library Print Collection $129,390.00 Elementary/Middle School Spanish $259,845.57 Literacy Support Teachers $482,611.00 At the August 13, 2003 meeting one citizen appeared against an ESL grant. Mayor Doug Stover read a Policy Statement that had been unanimously voted by City Council instructing the Board to ensure that application guidelines are followed, and the application is administratively correct. Mayor Stover said any issues regarding how grants were being utilized should be addressed directly with the respective school board. The CEDC was only authorized to ensure the grant met one of the three instructional subjects of eligibility: foreign language, literacy, and career technology. The Board reviewed the ESL grant for a second time, and denied it. Two grants from Carrollton-Farmers Branch ISD were approved at the August meeting: Technology Support $30,000 Books $50,000 At the August 26, 2003 City Council Meeting, the ESL grant from CISD was approved unanimously: ESL $816,300 2002 ACTUAL RESULTS CISD Total: $1,489,944 of $1,784,151 leaving $294,207 CFBISD Total: $25,274 of $75,501 leaving $50,227 NHS Total: $10,000 of $11,439 leaving $1,439 LISD Total: $4,200 of $5,199 leaving $999 $1,529,418 of $1,876,291 leaving $346,873 5 Original sales tax projection was $1,750,000. Actual collections were $1,876,291 -- $126,291 of $346,873 due to revenues being higher than anticipated. The remaining funds are due to the conservative approach taken by the City in regards to sales tax. Any unspent funds, roll forward to the next year. SUMMARY OF FY03 GRANT AWARDS 2003-T01 CISD Technology $23,500 2003-T02 C-FBISD Technology $30,000 2003-L01 CISD Literacy (Books) $129,390 2003-L02 CISD Literacy (Teachers) $482,611 2003-L03 C-FBISD Literacy (Books) $50,000 2003-S01 No. Hills Foreign Language $17,223.52 2003-S02 CISD Spanish $259,845.57 2003-E01 CISD ESL $816,300 AMENDMENTS: 2002-E01 CISD ESL $39,429 2002S01 CISD Spanish $10,473 2002-L02 CISD Literacy $50,391 TOTAL $1,909,163.09 FY03 PROJECTION OF GOALS The purpose and overriding goal of the Coppell Education Development Corporation, a nonprofit, non-stock corporation with no members, is to finance programs to publicly funded institutions which will promote literacy, foreign language and career technology for a skilled workforce, as authorized by Section 379A of the TEXAS LOCAL GOVERNMENT CODE, as amended. In support of this goal, the objectives of the CEDC Board of Directors for FY04 (October 1, 2003 through September 30, 2004) are represented in brief by the following bulleted list: „ Continue to convene the CEDC Board of Directors at regularly scheduled meetings throughout FY04 to faithfully administer the CEDC grant application, review and award processes providing funding in accordance with our Bylaws, and the grant review policy 6 adopted by the Mayor and Council. The current CEDC education development plan, in accordance with City of Coppell budgetary estimates, expects to administer in FY04 through FY06 the following levels of grant awards: FY04 379A Sales Tax Revenue Estimate $1,940,000 FY05 379A Sales Tax Revenue Estimate $2,037,000 FY06 379A Sales Tax Revenue Estimate $535,000 TOTAL $4,512,000 „ Successfully integrate four new members into the CEDC Board of Directors as of October 1, 2003 with three terms expiring as of September 30, 2004. „ Review, revise, refine and republish the CEDC Grant Application document, processes, criteria, guidelines and requirements for the 2004-05 school year. This activity to be conducted during October to January 2004 with updated kits available to school districts in February 2004. „ Process FY04 Grant Applications from March through September of 2004. „ Finalize FY04 Grant Agreements from April through September of 2004. „ Develop and submit the CEDC Annual Corporate Budget report by October 1, 2004. FY04 BUDGET The CEDC FY04 Budget included herein is based on the most current available estimate of CY2004 collectable 379A sales tax revenues as provided by the Coppell City Manager. This budget is also simply modeled to reflect the four (4) top-level account categories used as a standard in the budgets of the City of Coppell. Revenues Section 379A (Municipal Education Development Act) Sales Tax Revenue $1,940,000 Expenditures Salary & Benefits $0 Supplies $0 Maintenance $0 Services Grant Award Services $1,940,000 7 This Annual Corporate Budget report is respectfully submitted in accordance with the Bylaws of the Coppell Education Development Corporation (CEDC) this 8th day of October 2003. ON BEHALF OF THE CEDC BOARD OF DIRECTORS By: ___________________________________ Betty Carter, President DEPT: Building Inspections DATE: October 28, 2003 ITEM #: 11 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance to amend the Code of Ordinances by adding Article 6-15, Sections 6-15-1 through 16-15-8, establishing provisions for temporary signs, providing an effective date, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Adding a section to Article 6 to provide for the regulation of temporary signs as presented and discussed in special Work Session. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: (Tempsign-1AR(CONSENT) 1 59882 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY ADDING ARTICLE 6-15, SECTIONS 6-15-1 THROUGH 6-15-8, ESTABLISHING PROVISIONS FOR TEMPORARY SIGNS; PROVIDING REGULATIONS; PROVIDING DEFINITIONS; PROVIDING FOR PERMIT PROCEDURES AND FEES; PROVIDING PROVISIONS FOR ALL ZONING DISTRICTS; PROVIDING FOR ON-PREMISES AND OFF-PREMISES TEMPORARY SIGNS; PROVIDING FOR SIGN ZONES; PROVIDING FIGURES 1 THROUGH 3, WHICH ESTABLISH SIGN SIZE, SIGN ZONES, AND SIGN LOCATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the Code of Ordinance of the City of Coppell, Texas be, and the same is hereby amended by adding Article 6-15 Sections 6-15-1 through 6-15-8 establishing provisions for Temporary Signs, which shall read as follows: “ARTICLE 6-15. TEMPORARY SIGNS Sec. 6-15-1. Purpose. Signs use private land and the sight lines created by the public right-of- way to inform and persuade the general public by publishing a message. This section provides regulations and standards for the erection and maintenance of temporary private signs. All such private signs not exempted shall be erected and maintained in accordance with these regulations and standards. The general objectives of these regulations and standards are to promote health, safety, welfare, convenience and enjoyment of the public, and in part to achieve the following: 1. Safety: To promote the safety of persons and property by providing signs that: (A) Do not create a hazard due to collapse, fire, collision, decay or abandonment; (B) Do not obstruct fire fighting or police surveillance; and 2 59882 (C) Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver's ability to see pedestrians, obstacles, or other vehicles, or to read traffic signs. 2. Communications efficiency: To promote the efficient transfer of information in sign messages by providing that: (A) Those signs which provide messages and information most needed and sought by the public are given priorities. (B) No person or group is arbitrarily denied the use of the sight lines from the public right-of-way for communication purposes. (C) Persons exposed to signs are not overwhelmed by the number of messages presented, and are able to exercise freedom of choice to observe or ignore said messages, according to the observer's purpose. 3. Landscape quality and preservation: To protect the public welfare and to enhance the appearance and economic value of the landscape, by providing that signs: (A) Do not interfere with scenic views; (B) Do not create a nuisance to persons using the public right-of-way; (C) Do not create a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height or movement; and (D) Are not detrimental to land or property values. Sec. 6-15-2. Definitions. Unless the context clearly indicates otherwise, the following words and phrases shall have meanings respectively ascribed to them by this section. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1981, shall be considered as providing ordinarily accepted meanings. 1.Building: means a structure which has a roof supported by columns, walls or air for the shelter, support, or enclosure of persons, animals or chattel. 2.Effective area of temporary sign: means measured as the surface face of the sign as depicted on Figure 1 of this article. 3 59882 3.Model home: means a single-family dwelling structure that is open for inspection by the general public and is not used as a dwelling. 4.Premises: means a lot or unplatted tract, or a combination of contiguous lots or unplatted tracts if the lot or tract, or combination thereof is under single ownership that is reflected in the plat records of the city. 5.Premises, dwelling: means a lot zoned SF, TH, or 2F that is occupied by a residential housing structure. 6.Public right-of-way: means a dedicated road or street including the easement for that road or street. 7.Sign: means any device, flag, banner, light, figure, picture, letter, word, message, symbol, plaque, poster, display, design, painting, drawing, billboard, wind device or other thing visible from outside the premises on which it is located and that is designed, intended or used to inform, to advertise or to attract the attention of persons not on those premises. 8.Signs, attached: means any sign attached to, applied on, or supported by, any part of a building (such as a wall, window, awning, arcade, or marquee) which encloses or covers usable space, with the exception of any window sign as defined herein. 9.Sign, banner: means a sign which is not permanently affixed. 10.Sign, detached: means any sign connected to the ground that is not an attached, portable or vehicle sign. 11.Sign, monument: means any detached sign which is of monolithic or semi-monolithic construction being made from masonry, concrete materials, wood or plastic provided that a masonry base is incorporated into the sign, with no separation between the base of the sign and grade. (See Appendix Illustration 17) 12.Sign, off-premise: means a sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located. 13.Sign, pole: means any detached sign which is not a monument sign. 14.Sign, political: means any type of sign which refers only to the issues or candidates involved in a political election. 15.Sign, portable: means a sign that is not securely connected to the ground in such a way that it cannot easily be moved from one location to another, 4 59882 and that is not an attached sign, vehicular sign, or a sign that refers solely to the sale or lease of the premises. 16.Sign, premise: means a sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person or activity. 17.Sign, protective: means any sign which is commonly associated with safeguarding the permitted uses of the occupancy, including, but not limited to, "bad dog", "no trespassing", and "no solicitors". 18.Sign, subdivision: means a sign that identifies the name of the subdivision only. 19.Sign support: means any pole, post, strut, cable, or other structural fixture or framework necessary to hold and secure a sign, providing that said fixture or framework is not imprinted with any picture, symbol or word using characters in excess of one inch in height, nor is internally or decoratively illuminated. 20.Sign, vehicular: means any sign on a vehicle moving along the ground or on any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site of permanent erection. 21.Sign, window: means any sign not government mandated, which is attached to either side of the glass within a window or which is located within a window opening and, as viewed from outside, is forward of the plane of the inside face of an exterior wall. 22.Zoning district, business: means any zoning district designated by this ordinance as O, R, C, TC, LI or HI. Any PD district with the previous listed zoning prefix is also included in this list, unless specifically excluded by its provisions. 23.Zoning district, non-business: means any zoning district not designated as a business district as defined herein. 5 59882 Sec. 6-15-3. Nonconforming Signs. It is declared purpose of this section that in time all temporary signs shall either conform to the provisions of this section or be removed. By the passage of this ordinance and its amendments, no presently illegal sign shall be deemed to have been legalized unless such sign complies with all current standards under the terms of this ordinance and all other ordinances of the city. Any sign which does not conform to all provisions of this ordinance shall be an illegal sign. (A) Impoundment: Any sign erected in or over a public right-of-way either prior to or after the adoption of this ordinance, except as permitted in this article, shall be construed a public nuisance and the city may, without notice, remove and destroy any such sign. Sec. 6.15-4. Permit procedures and fees. 1. Permits: No person shall erect, construct, relocate, alter, or repair a sign under this article without first having obtained a permit, except as otherwise provided in this section. This section does not apply to government signs. 2. Application: Application for a permit shall include a drawing to scale of the proposed sign and all existing signs maintained on the premises and visible from the right-of-way, and the sign specifications. 3. Fees: Every applicant, before being granted a permit, shall pay the applicable fee established by resolution of the city council. (A) Any person who erects, places, alters, repairs or relocates a sign, or commences work thereon, without first having obtained a permit, shall pay a late fee equal to twice the amount of the applicable sign permit fee. Sec. 6-15-5. Provisions for all zoning districts. 1. Imitation of traffic and emergency signs prohibited: No person shall cause to be erected or maintained any sign using any combination of forms, words, colors, or lights, which imitate standard public traffic regulatory, emergency signs, or signals, as established by the Texas Manual on Uniform Traffic Control Devices. 2. Special purpose signs: (A)Government signs: Signs which are legally required or necessary to the essential functions of government agencies, such as flags, insignia, legal notices, or informational, directional, or traffic signs concerning governmental activities or buildings, shall be exempt from the provisions of this section. 6 59882 (B)Holiday lights and decorations: Temporary lights and holiday decorations shall be exempt from the provisions of this section. 3.Prohibited signs: The following types of signs are specifically prohibited. (A) Portable signs. (B) Balloons, streamers, bunting, banners, flags, flag poles, pole signs or signs that contain moving parts unless otherwise specifically allowed by this section. (C) Signs attached to or maintained upon any tree or public utility pole or structure. (D) Signs attached to or painted on the outside of a fence, railing or wall that is not a structural part of a building. (E) Signs illuminated to an intensity to cause glare or brightness to a degree that could constitute a hazard or nuisance. (F) Signs that move, flash light intermittently, change color or revolve. (G) (G) Off-premise signs except as otherwise allowed under this subsection. (H) Signs erected in the public right-of-way except as otherwise allowed under this subsection. (I) Signs attached to a vehicle advertising the sale of the vehicle where the vehicle is parked on the premises of the business or in such a way that the sign attracts the attention of or informs persons using the public right-of-way. (J) A-framed signs (signs located in the back of a truck or other vehicle). (K) Can signs made of plastic or similar translucent materials. 4.Flags: All flags shall conform to the following requirements: (A) Nothing in this section shall be construed to prevent the display of a national, state, county or school district or city flag. (B) A business may erect one corporate flag and flag pole, per location, for a bonafide company or corporate office located within the city. 7 59882 5.Obscenity: No person shall display on any sign any obscene, indecent or immoral matter. Any sign which contains any obscene, indecent or immoral matter shall be removed or the obscene, indecent or immoral matter must be removed within 24 hours of notice. 6.Obsolete signs: All temporary signs relating to an event shall be removed within twenty-four (24) hours after the occurrence of the event. 7.Maintenance of signs: Sign and sign supports shall be maintained in a state of good repair and neat appearance at all times. 8.Temporary banner signs: Banner signs shall be permitted subject to the following restrictions: (A) Banner signs shall be constructed of cloth or canvas material and must be anchored in such a way that would prevent the sign from moving freely in the wind. Businesses that erect signs under the provisions of this section shall not display a sign that states "Going Out of Business" or similar message more than one time. (B) During the initial year of operation, a business shall be permitted to erect one temporary banner sign a maximum of four times. Such signs shall be erected a maximum of 14 days for each permit except the initial sign may be erected for a maximum of 45 days. A permit shall not be issued within 30 days of the date that any temporary banner sign was erected at the occupancy. The permit application for the sign must include the date the sign will be erected, the date the sign will be removed and a drawing showing the location of the sign. The effective area for such signs shall not exceed 40 square feet. (C) A business that has been in operation for a period of one year or more, and non-profit organizations, shall be permitted to erect one temporary banner sign at an occupancy two times per calendar year. Such signs shall be erected a maximum of 14 days for each permit. A permit, for such a sign, shall not be issued within 30 days of the date that any temporary banners sign was erected at the occupancy. The effective area for such signs shall not exceed 40 square feet. (D) New multi-family developments shall be allowed to display one banner sign as provided in this section. Signs shall refer to leasing information only and shall be removed within six months of the date the permit was issued. Signs shall not exceed 150 square feet in effective area. Signs shall be constructed of cloth or canvas 8 59882 material and must be anchored in such a way that would prevent the sign from moving freely in the wind. Sec 6-15-6. Provisions for temporary (on-premise) signs. The following signs may be erected and maintained subject to the following restrictions: 1.Residential property sale and rental signs: The owner or occupant may erect non-illuminated real estate sale and rental signs and personal property sale signs in the required front yard of platted property zoned SF, 2F or TH until the ownership has been transferred or the property is leased. On lots where a sidewalk exists within the street right-of-way, signs shall be located between the sidewalk and the house, but no closer than three feet from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least 15 feet from the edge of the street pavement. On lots that abut streets where sidewalks exist the signs shall be located no closer than 15 feet to any street pavement. Lots shall be limited to three signs not exceeding six square feet. No permit is required. 2.Business real estate signs: (A) Highway frontage: (i) Temporary signs advertising the sale, rental or lease of the land upon which the sign is located may be erected on a tract of land two acres or larger in size fronting State Highway 121 or Interstate Highway 635 subject to the following restrictions. (ii) Such signs shall not exceed 200 square feet in effective area, shall be located a minimum of 15 feet from all property lines and shall be limited to one sign per tract. Permits for such signs are limited to a period of one year from the date of issuance. No such signs may be erected or maintained once 75 percent of the property has been sold, rented or leased. (B) Other locations requiring a permit: (i) Temporary signs advertising the sale, rental or lease of the property on which the sign is located may be erected on a tract of land less than two acres in size fronting State Highway 121 and Interstate Highway 635, and on tracts of any size elsewhere, except for property zoned SF, TH or 2F, subject to the following restrictions. (ii) Such signs shall not exceed 36 square feet in effective area, shall be located a minimum of 15 feet from all property lines, shall be spaced a minimum of 50 feet apart along a lot frontage, and shall be limited to no more than four signs 9 59882 per lot. Permits for such signs are limited to a period of one year from the date of issuance. No such signs may be erected or maintained once 75 percent of the property has been sold, rented or leased. (C) Locations not requiring a permit: No permit is required for the owner or occupant of business zoned property to erect and maintain non-illuminated real estate sale signs until the ownership has been transferred, subject to the following restrictions. Such signs shall not exceed six square feet and shall be located no closer than 15 feet from any property line. No more than one sign shall be located for every two acres in a tract of land or portion thereof. 3.Subdivision identification: Owners of property zoned SF, TH, and 2F may erect signs to identify new subdivisions, developers and builders, builders' phone numbers and new home price information. Only one sign per subdivision is allowed. Such signs shall not exceed 36 square feet in effective area, shall be located a minimum of 15 feet from all property lines, and shall be limited to 15 feet in height. Permits for such signs shall be limited for a period of one year from the date of issuance subject to renewal upon approval of the building official. Such signs must be removed when permits have been issued for construction on 75 percent of the lots within the subdivision. 4.Temporary construction signs: One temporary construction sign is permitted to advertise the coming of a new business. Such signs shall not be erected prior to the approval of the site plan and/or zoning action by the city council for the property on which the sign is to be located. The sign must be removed prior to the issuance of a certificate of occupancy or two years from the date of the city council action, whichever occurs first. Such signs shall conform to the following provisions: Maximum effective area--100 square feet. Maximum height--15 feet. Minimum setbacks--15 feet from the street right-of-way. Sec 6-15-7. Provisions for temporary off- premise signs. 1.Builders and Developers: Builders and developers may erect temporary off- premise signs which refer to a subdivision. No more than ten signs per subdivision may be erected. Such signs shall refer only to subdivisions located within the city. A subdivision shall be defined as a platted tract of land that is zoned SF, TH or 2F. Separate sections or phases of a subdivision shall not constitute a new and separate subdivision. Such signs shall not list or refer to any builders or developers, and shall be erected only between the hours of 6:00 p.m. Thursday and 10:00 p.m. Sunday. Such sign faces shall not exceed six (6) square feet in effective area, or 36 inches in height as measured from grade. Signs may only be placed in the City’s right-of-ways as listed in Section 6-15-8, Sign Zones of this Article. No sign will be allowed within any street median or attached to any tree, public utility pole, 10 59882 street sign, traffic control sign or devise or other sign. No permit or fee is required. 2. Real estate signs: Real estate agents may erect on private or public right-of-way, as measured and configured in accordance with Figure 1 hereof, temporary off-premise signs which are only directional and only refer to open houses within the City. Signs may contain only a directional arrow and the words “OPEN HOUSE”. Such signs shall be erected only between the hours of 6:00 p.m. Thursday and 10:00 p.m. Sunday. Signs shall not exceed two (2) square feet in effective area or 36 inches in height, as measured from grade. Signs may be placed within the public right-of-way provided that they do not project out over the street or sidewalk. Signs must be placed within a Sign Zone as described by Section 6-15-8, Sign Zone, of this ordinance, if such a Sign Zone is available at the location. No sign shall be allowed within any street median or attached to any tree, public utility pole, street sign, traffic control sign or devise or other sign. No permit or fee is required. 3. Religious institutions: Religious institutions may erect temporary off-premise signs which refer to location and service schedules. Such signs shall be erected only between the hours of 6:00 p.m. Thursday and 10:00 p.m. Sunday. Signs shall not exceed six-square feet in effective area and 36 inches in height, as measured from grade, as established in Figure 1. Signs may be placed within the public right-of-way, provided they do not project out over the street or sidewalk. Signs must be placed within a Sign Zone as described by section 6-15-8, Sign Zone, of this ordinance. No sign shall be erected within any street median or attached to any tree, public utility pole, street sign, traffic control sign or devise or other sign. No permit or fee is required. 4. Political Signs: (A) Political signs on private property are exempt from the provisions of this Article if it: i. does not have an effective area greater than 36 square feet; ii. is 8 feet or less in height; iii. is not illuminated; or iv. does not have any moving elements. (B) Political signs are strictly prohibited from any and all public property and right-of-way within the City. 5.Garage sale signs: An occupant of a Single-Family or Multi- Family residence may erect temporary off-premise signs which refer to a garage sale held on their property. Such signs shall be erected only between the hours of 6:00 p.m. Thursday and 10:00 p.m. Sunday. Sign faces shall not exceed six (6) square feet or 36 inches in height from grade, as depicted in Figure 1. Signs may be placed within the city right-of-way, provided that they do not project out over 11 59882 the street or sidewalk. Signs must be placed within a Sign Zone as described by Section 6-15-8, of this article, if such a Sign Zone is available at the location. No sign will be allowed within any street median or attached to any tree, public utility pole, street sign, traffic control sign or devise or other sign. No permit or fee is required. 6.Community event notices: Bonafide non-profit organizations may erect temporary off-premise signs which refer to an activity or function of the organization. Such signs shall not be erected for more than ten days. Sign faces shall not exceed six square feet in effective area or 36 inches in height as measured from grade, as depicted in Figure 1. Signs may only be placed with the city’s right-of-ways as listed in Section 6-15-8 Sign Zones, of this Article. No sign will be otherwise allowed within any street median or attached to any tree, public utility pole, street sign, traffic control sign or devise or other sign. A permit shall be required for these signs; however, no permit fee will be assessed. Sec. 6-15-8. Sign Zones. Signs listed in Section 6-15-7(1) Builders and Developers, Section 6-15-7(3) Religious Institutions, and Section 6-15-7(6) Community event notices signs may only be placed within identified Sign Zones. All other temporary signs, as herein permitted, shall also be placed within the Sign Zone, when such sign is located at an intersection which such sign zone exists. Signs within the sign zone may only be placed in the direction of travel as the intersection is approached, as depicted in Figure 2. Signs must be placed within the limits of the Sign Zone as identified on the adjacent curb or pavement where a curb is not present. No sign will be allowed within any street median or attached to any tree, public utility pole, street sign, traffic control sign or devise or other sign. The following intersections are designated as Sign Zones for the purposes of this section: 1. Parkway Boulevard and Denton Tap Road 2. Sandy Lake Road and Denton Tap Road 3. Bethel School Road and Denton Tap Road 4. Beltline Road and Denton Tap Road 5. Wrangler Drive and Denton Tap Road 6. MacArthur Boulevard and Samuel Blvd. 7. MacArthur Boulevard and Parkway Boulevard 8. MacArthur Boulevard and Sandy Lake Boulevard 9. Beltline Road and MacArthur Boulevard 10. Sandy Lake Road and Samuel Boulevard 11. Sandy Lake Road and Moore Road 12. Ruby Road and Freeport Parkway 13. Creekview Drive and Freeport Parkway 14. Beltline Road and Fairway Drive (See Fig. 3).” 12 59882 SECTION 2.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 3. That it is further the intent and declared the purpose of this ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time this ordinance was adopted shall be discharged or affected by such passage, but prosecution and suits for such offense, liabilities, penalties, or forfeitures may be instituted, and causes presently pending may proceed. SECTION 4.Any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances of the City of Coppell, Texas, 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 such offense shall continue shall be deemed to constitute a separate offense. SECTION 5. That this Ordinance shall take effect immediately from and after its passage and publication, as the law and charter is such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2003. APPROVED: _________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _________________________________________ 13 59882 LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 10/22/03) 6 square foot sign 2 square foot sign OPEN HOUSE1’ 2’ 2’ 3’ 36” Church Garage Sale at New Subdivision FIGURE 1 DATE: October 28, 2003 ITEM #: 12 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: October 28, 2003 ITEM #: 13 AGENDA REQUEST FORM CITY MANAGER'S REPORT A. Special Session Legislative Summary. Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: October 28, 2003 ITEM #: 14 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Repor t by Mayor Stover regarding Halloween Safety. B. Repor t by Mayor Pro Tem Peters regarding TEX-21's Quar terly Meeting. C. Repor t by Mayor Pro Tem Peters regarding the Historic Preser vation Conference. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: October 28, 2003 ITEM #: 15 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: October 28, 2003 ITEM #: 16 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec